Mains Answer Writing
Concept Mapping Mentorship- Covering Syllabus Through Themes
- GS & Optional
Discuss the 'rarest of rare' doctrine in India for the imposition of the death penalty. Highlight its legal framework and implications on judicial discretion.
Category: Polity (GS -II),
Test Date: 19 Feb 2025
Approach:
- Introduction: Briefly introduce the 'rarest of rare' doctrine and its significance in the context of the death penalty in India.
- Legal Framework: Origin of the doctrine in the Bachan Singh (1980) case and the clarification provided in Machhi Singh (1983).
- Mention the five criteria identified for applying the death penalty.
- Judicial Discretion: Explain how the doctrine grants Judges discretion in awarding the death penalty, but with a focus on rare, exceptional cases.
- Note the challenges and ambiguity in the definition of what qualifies as 'rarest of rare.'
- Implications: Impact of this discretion on consistency and fairness in sentencing. Mention ongoing concerns regarding the lack of clear guidelines.
- Conclude accordingly
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