Constitutional morality vis- a- vis sentencing policy and punishments in India in the light of discretionary power of judiciary

Abstract

This paper is an articulate discourse related to the sentencing policy and punishments in India. Paper is written from the context of Indian laws and it stresses an important aspect of the judicial system as a pillar of justice and fairness in handling down judgements. While there seem to be policy frameworks to guide judges in their exercise of sentencing discretion, paper submits that there remains the need for greater clarity in sentencing guidelines for the judges to restrain from the unguarded use of discretion to avoid arbitrariness.