UPSC Mains 2014 · GS Paper II · Q5

UPSC Mains 2014 GS Paper 2 Q5: model answer

Instances of President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time limit specified for the President to accept/reject such petitions? Analyse.

12 marks200 wordsDirective: Analyse

What the question wants

Analyse whether the President should have a fixed time limit to decide mercy petitions in death cases.

How to structure it

Should there be ... Analyse: the power, the delay problem, the arguments both ways, a balanced position.

  1. Article 72
  2. The delay problem
  3. For a time limit
  4. Against
  5. Middle path

How to think it through

The answer was overtaken by the Court in 2014 itself: in Shatrughan Chauhan, delay became a ground for commuting death to life. So the time limit already exists in effect; the question is whether to write it down.

Model answer

Devender Pal Singh Bhullar waited eight years for his mercy petition to be decided. In 2014 his death sentence was commuted, partly because of that delay. When the State takes years to say yes or no, the waiting becomes a second punishment.

The power

Article 72 lets the President pardon, commute, remit, respite or reprieve; he acts on the advice of the Union Cabinet (Maru Ram, 1980). The decision is open to limited judicial review (Kehar Singh, 1989; Epuru Sudhakar, 2006).

The problem

Petitions in the 2000s waited up to 12 years; the Home Ministry often sat on files.

The case for a time limit

  • Article 21: inordinate delay is cruel; Shatrughan Chauhan (2014) commuted 15 death sentences on this ground.
  • Certainty for victims' families too.
  • Prevents political use of timing.

The case against

  • Each case needs care, especially new evidence or mental illness.
  • A rigid limit might push hasty rejections.
  • It may intrude into a constitutional discretion.

A middle path

  • A fixed guideline (say three months) in the Home Ministry's rules, not the Constitution.
  • Shatrughan Chauhan's guidelines: 14 days' notice before execution, copies of rejection to the convict, mental health checks.
  • In 2022–23 the Supreme Court also pressed States to decide petitions quickly.

A time frame for the government, not a stopwatch on the President, gives justice without haste. That also protects the dignity of the office, which should never look like it is waiting for a convenient date.

Draw: A timeline: conviction → appeals → mercy petition → (delay) → commutation, with the Article 21 hook.

Keywords, cases and data to drop in

Article 72, 161, Maru Ram 1980, Kehar Singh 1989, Epuru Sudhakar 2006, Shatrughan Chauhan 2014, Bhullar, Article 21, delay as ground for commutation.

Where most answers lose marks

  • Ignoring Shatrughan Chauhan. It is the strongest fact in the answer.

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Learn the concept

Question text as printed in the official UPSC Civil Services (Main) question paper. The model answer is original Battle IAS work; use it to learn structure, not to memorise.

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