Remission is an essential facet of reformative justice in a constitutional democracy. Analyse in light of recent SC observations. Evaluate its scope and limitations.
Kartavya Desk Staff
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Topic: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.
Q3. Remission is an essential facet of reformative justice in a constitutional democracy. Analyse in light of recent SC observations. Evaluate its scope and limitations. (15 M)
Difficulty Level: Medium
Reference: NIE
Why the question The Supreme Court in 2025 reaffirmed remission as both a constitutional and statutory right while reviewing Section 376DA, reigniting debates on reformative justice versus deterrence. Key demand of the question You need to analyse how remission represents reformative justice in a constitutional democracy, highlight its scope in Indian jurisprudence, and critically examine its limitations in practice. Structure of the Answer Introduction Define remission and place it within the larger context of constitutional morality and reformative justice. Body Remission as reformative justice: Mention constitutional basis, statutory framework, and judicial recognition. Scope: Role in reintegration, federal division of powers, policy framework, and alignment with international obligations. Limitations: Restrictions in heinous crimes, judicial scrutiny, conflict with victims’ rights, and lack of uniform standards. Conclusion Suggest the way forward for a transparent, uniform, and victim-sensitive remission framework that balances justice and compassion.
Why the question
The Supreme Court in 2025 reaffirmed remission as both a constitutional and statutory right while reviewing Section 376DA, reigniting debates on reformative justice versus deterrence.
Key demand of the question
You need to analyse how remission represents reformative justice in a constitutional democracy, highlight its scope in Indian jurisprudence, and critically examine its limitations in practice.
Structure of the Answer
Introduction
Define remission and place it within the larger context of constitutional morality and reformative justice.
• Remission as reformative justice: Mention constitutional basis, statutory framework, and judicial recognition.
• Scope: Role in reintegration, federal division of powers, policy framework, and alignment with international obligations.
• Limitations: Restrictions in heinous crimes, judicial scrutiny, conflict with victims’ rights, and lack of uniform standards.
Conclusion
Suggest the way forward for a transparent, uniform, and victim-sensitive remission framework that balances justice and compassion.