Abstract
This research paper examines the evolution and application of capital punishment in India and other major common law jurisdictions, including the United Kingdom, the United States, Canada, and Australia. Through analysis of landmark judicial decisions, legislative developments, and constitutional challenges, this study provides a comparative assessment of how these legal systems have approached the death penalty. Special attention is given to India’s “rarest of rare” doctrine, its conceptual foundations, and practical implementation. The paper also explores the global trend toward abolition against the backdrop of persistent retention in certain common law countries, particularly focusing on the tensions between retributive justice, human rights considerations, and evolving standards of constitutional interpretation.
1. Introduction
Capital punishment remains one of the most contentious issues in criminal justice systems worldwide. While many nations have abolished the death penalty, viewing it as incompatible with evolving standards of human rights, others maintain it as the ultimate sanction for the most heinous offenses. Common law jurisdictions present a particularly interesting study in this context, as they share historical legal traditions but have diverged significantly in their approaches to capital punishment over time.
India stands at a particularly interesting junction in this debate. As the world’s largest democracy with a legal system deeply rooted in common law traditions, India maintains capital punishment while simultaneously developing a restrictive jurisprudential framework that significantly limits its application. The “rarest of rare” doctrine developed by the Indian Supreme Court represents one of the most notable judicial attempts to reconcile the constitutional validity of the death penalty with growing human rights concerns.
This research examines how India and other major common law jurisdictions—the United Kingdom, the United States, Canada, and Australia—have addressed the complex legal, moral, and constitutional questions surrounding capital punishment. Through analysis of landmark cases, legislative developments, and constitutional interpretations, this study aims to identify patterns, divergences, and evolving standards in death penalty jurisprudence across these systems.
The central questions this research addresses include: How has the death penalty evolved in India compared to other common law countries? What judicial doctrines have shaped its application? How have constitutional courts balanced competing considerations of retribution, deterrence, and human rights? And what might these comparative perspectives suggest about the future trajectory of capital punishment in these legal systems?