MANJULA CHELLUR, C.J.

Full Bench was constituted on account of difference of opinion among the Judges, which led to present reference on the question of imposition of harsher variety of life sentence as indicated in Swami Shraddananda (2) v. State of Karnataka (2008 (13) SCC 767) : (AIR 2008 SC 3040). Initially the above Death Sentence References (for short, DSR) came up before the Division Bench, wherein the following three questions were taken up for consideration:

(i) Do Section Judges have the power to impose the harsher variety of life sentence which is recognised by Swamy Shraddananda (2) v. State of Karnataka (2008 (13) SCC 767 : (AIR 2008 SC 3040) as an option available in law for the Courts to avoid the harshest, irreversible and incorrectable sentence of death? is that sentencing option available only to the Supreme Court under Article 142 of the Constitution? Is that sentencing option available only to constitutional Courts - the High Courts and the Supreme Court?

(ii) Consequently is it necessary for the Session Judges to consider whether that alternative option (the hashest sentence of life authorised by Swamy Shraddananda (2) (AIR 2008 SC 3040) (supra) is also un