Rarest Of Rare – A Flawed Safeguard Of Indian Justice System
- IJLLR Journal
- Jul 2
- 1 min read
Shivansh Singh, Presidency University, Bangalore
Richa Kashyap, Presidency University, Bangalore
ABSTRACT
The rarest of rare doctrine was established in the landmark case of 1Bachan Singh vs. State of Punjab in 1980. The aim of this doctrine was to impose restriction on the capital punishment in other words death penalty. It ensures that the such punishments restrict to exceptionally grave crimes thereby safeguarding the rights guaranteed under Article 21.
It was originated as a constitutional safeguard to avoid arbitrary execution on an individual, it mandates death penalty in case where no other punishments are deemed adequate in a particular situation.
However, inconsistency in judicial proceedings origination from vague criteria and subjective interpretation led significant debate on this topic This paper critically examines the evolution and application of the "rarest of rare" doctrine through doctrinal analysis of key judgments, including 2Machhi Singh v. State of Punjab and the Nirbhaya case, to highlight the resulting disparities and the subjective nature of judicial interpretation. It further analyses the socio-legal critics which includes violation of constitutional rights due to arbitrary sentencing, it also focuses on the alignment of the doctrine with the human right principles. By analyzing various judicial precedents and system flaws, the study underscores the urgent need for legislative clarity and standardized guidelines to reconcile retributive justice with constitutional fairness.
