🔆Current Context: Contrasting judgments in two murder cases reignite debate on the 'rarest of rare' doctrine and judicial discretion in awarding the death penalty in India. 📍'Rarest of Rare' Doctrine: ✅Origin: Bachan Singh v. State of Punjab (1980), established doctrine. ✅Framework: Machhi Singh v. State of Punjab (1983), criteria for 'rarest of rare' cases. Brutality of murder. Motive revealing depravity. Socially abhorrent nature. Magnitude of crime. Personality of offender (vulnerable victims). ✅No Statutory Definition: Leads to judicial discretion, inconsistent application. 📍Case Examples: ✅R.G. Kar Medical College Case: Life imprisonment, judge deemed it not 'rarest of rare'. ✅Sharon Murder Case: Death penalty, deemed 'rarest of rare' due to premeditated poisoning. 📍Constitutional Validity & Judicial Discretion: ✅Jagmohan Singh v. State of U.P. (1972): SC upheld death penalty's constitutionality. ✅Mithu v. State of Punjab (1983): Struck down mandatory death penalty (Section 303 IPC). 🔸Article 21: Right to life, debate on whether death sentence violates it. 🔸Article 14: Equality before law, concerns about lack of clear sentencing guidelines. ✅Supreme Court Interventions: 2022 Reference: Constitution Bench to provide "meaningful" hearing on mitigating circumstances. ✅Concerns: Wide judicial discretion, lack of uniform application, potential for arbitrariness. Possible Questions: ✅Prelims: Which of the following statements regarding the 'rarest of rare' doctrine in India is/are correct? It has a statutory definition in the Indian Penal Code. It was established by the Supreme Court in the Bachan Singh case. It provides specific criteria for judges to determine when the death penalty should be awarded. (a) 1 only (b) 2 only (c) 2 and 3 only (d) 1 and 3 only ✅Mains: "The 'rarest of rare' doctrine, while intended to limit the use of the death penalty, has led to inconsistencies in sentencing due to the broad discretion granted to judges." Discuss this statement, highlighting the challenges in applying the doctrine and suggesting reforms to ensure a more consistent and just application of the death penalty in India. #gs2 #prelims #polity #polity_governance