The ‘Rarest Of Rare’ Doctrine In India: An Effective Safeguard Or Judicial Arbitrariness?
- IJLLR Journal
- 1 hour ago
- 1 min read
Parwati Prajapati, Prestige Institute of Management and Research, Indore
ABSTRACT
The doctrine of rarest of rare is developed to limit the discretionary authority of the judiciary to impose the death penalty, as well as to ensure that the death penalty is granted in extraordinary conditions. Before the development of this doctrine, several death sentences had been passed in a scenario where other forms of punishment might have been more suitable to the purpose of serving justice. The doctrine itself casts doubts on the constitutionality of capital punishment since all individuals enjoy the right to life from birth until the execution moment under Article 21 of the Constitution of India. Although the Supreme Court has provided certain rules to follow when passing the death sentence, the focus of the present research paper is whether the capital punishment, as set by the judiciary, is being applied consistently or whether the capital punishment practice is arbitrary as it has been. This research aims to address the following main questions: to examine legal reasoning in death penalty cases and to determine whether this type of case meets the required standards, and to review and compare international ways of treating the death penalty. This study follows a doctrinal approach, and the use of secondary sources is the primary source of information, comprising case law, judicial pronouncements, scholarly articles, and statutory materials. The paper will attempt to review the conditions and factual scenarios under which death sentences are being handed down, and also to determine how effective the doctrine of the rarest of rare is in factoring judicial judgments.
