text: 5 as the basis for the interpretation of the Covenant.Article 6 38. According to article 21 of the Indian Constitu ­ tion no person can be deprived of his life or liberty ex­ cept according to procedure established by law. This right is protected as a fundamental right. 39. Indian criminal law contains provisions for punishment with sentence of death for very serious crimes only. The Supreme Court of India has ruled that awarding the sentence of death “ought not to be done save in the rarest of rare cases ”. (Bachan Singh v. State of Punjab, AIR 1980 SC 898 at p. 902). However, it is to be noted that death penalty as a punishment even in these instances need not necessarily be meted out, for generally other punishments are also provided for the same offence depending upon the circumstance of each case. 40. Further, even when a court has awarded death penalty, the President and the Governors of the States are empowered under the Indian Constitution to grant pardons, commute, suspend or remit death penalty in appropriate cases. Article 72 of the Constitution be­ stows the President with the power to grant pardons, commute, suspend or remit death sentence, and the Governor of a State, by article 161 of the Constitufion, has the power to grant pardons, reprieves, respites or remission of punishments or to remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends. Further, provision for ten­ der of pardon to an accomplice is made in sections 306 and 307 of the Criminal Procedure Code, 1973. 41. In addition there are several procedural safe­ guards. For instance, if a Session Court passed a sen­
analysis: This text appears to be discussing the interpretation of the Indian Constitution and the laws related to the death penalty. It delves into the provisions of the Constitution, the Supreme Court's rulings, and the powers of the President and Governors to grant pardons. The text does not seem to be related to any specific economic, natural, or social issue, but rather focuses on the legal and constitutional aspects of capital punishment.