standard applied by the executive in granting commutation is not known. Therefore, it could happen (and might well have happened) that in a given case the Sessions Judge, the High Court and the Supreme Court are unanimous in their view in awarding the death penalty to a convict, any other option being unquestionably foreclosed, but the executive has taken a diametrically opposite opinion and has commuted the death penalty. This may also need to be considered by the Law Commission of India. (2013) 5 SCC 546para 149. (Emphasis supplied) 1.1.2. Khade was not the first recent instance of the Supreme Court referring a question concerning the death penalty to the Commission. In Santosh Kumar Satishbhushan Bariyar v. State of Maharashtra (‘Bariyar’) (2009) 6 SCC 498 lamenting the lack of empirical research on this issue, the Court observed : We are also aware that on 18.12.2007, the United Nations General Assembly adopted Resolution 62/149 calling upon countries that retain the death penalty to establish a worldwide moratorium on executions with a view to abolishing the death penalty. India is, however, one of the 59 nations that retain the death penalty. Credible research, perhaps by the Law Commission of India or the National Human Rights Commission may allow for an up-dodate and informed discussion and debate on the subject. (Emphasis supplied) 1.1.3. The present Report is thus largely driven by these references of the Supreme Court and the need for reexamination of the Commission’s own recommendations on the death penalty in the light of changed circumstances.” 23