Facts for Prelims (FFP)
Source: IE
Context: An appellate court in Qatar has commuted the death sentence of eight former Indian Navy officers accused of espionage.
The individuals worked at Dahra Global Technologies and Consultancy Services in Qatar. The charges included spying for Israel, and the death sentence was handed out in October. The court’s decision to reduce the sentences is seen as a significant development for India. The men had been working on overseeing the induction of the Italian small stealth submarine U2I2.
What is the Commutation of Death Sentence?
Commutation of a death sentence refers to the reduction or alteration of the original capital punishment imposed on a convicted individual. Instead of execution, the punishment is changed to a less severe form, often a lengthy prison term or life imprisonment.
| Provisions in India | |
| Constitutional Provision in India | The President (Article 72) has the power to grant pardon for Offences against Union Law; Punishment or sentence by a court-martial (military court) and Death sentence |
| Meaning of Terms | Pardon: Removes sentence and conviction, absolves from all sentences, punishments, and disqualifications. |
| Commutation: Substitution of a harsher punishment with a lighter one (e.g., death sentence to rigorous imprisonment). | |
| Remission: Reducing the sentence period without changing its character. | |
| Respite: Awarding a lesser sentence due to special circumstances | |
| Reprieve: Temporary stay of sentence execution to seek pardon or commutation | |
| Judicial Stand on Pardoning Powers | Maru Ram v Union of India (1980): Power under Article 72 exercised on the advice of the Central Government, advice binding on the President. |
| Epuru Sudhakar v Ors. (2006): Granting clemency can be challenged in court on grounds of arbitrariness, mala fide, lack of application of mind, or omission of relevant material. | |
| Difference with Governor’s Power | The president’s power extends to cases of punishment or sentence by a Court Martial, but the Governor lacks such power under Article 161. Also, the President can grant pardon in all death sentence cases, while the Governor’s pardoning power does not cover death sentences. |
