Differentiate between the clemency powers of the Presidents of India and the USA. Also, critically examine the testing of clemency power in the executive.
Introduction
49 words
Main Body
India has a parliamentary system wherein President is the nominal head of state.
US has a presidential system wherein he is the real head.
many substantial differences exist b/w them
Clemency powers:
US | India
a) US president has complete authority to decide on pardon/commute etc | a) Indian Pres acts on the advice of CoM not otherwise
b) Lowest: can pardon death sentence, every military orders etc | b) A173 → have to commute, remit, respite and pardon
c) PRES is the final authority, can't be questioned
d) Vested with seal & will gus to ensure judicial correction loope
US vs India → Other differences:
buz-lex legislative power, full executive powers, choi VP | Legislative executive, judicial emergency powers
Both can pardon & death sentence
Similarities → b) both can pardon sentences of military tribunals
c) can commute, remit also
Vesting clemency prs in Executive
Positives:
Negative:
RPA 1951 provides for comprehensive details regarding what constitutes corrupt practices and their penalties.
Section 133 → Promotion of hate, animosity among people on the basis of caste, religion etc (cp Ashutosh Singh case)
blowing social evil → dowry, sati, tamicide violence etc
Corruption and misuse of goat machinery for political gains
body capturing, vote rigging and undue influence on voter
Violating MCC, UDHR silence period, false affidavit to EC.
Section 8(1) → prohibit persons convicted under PCA, UAPA, Lathi Act
Section 8(2) → prohibit for dowry
Section 3 → stages in gaft convicts, corruption, bribery etc
see 8(3) → convicted for 5yrs +
Challenges → a) Reluctant violations (cp) Hate speeches
b) low conviction rates → 45% criminal initiation in dept sabhe
c) Expenditure limits not adhered → from loft sabhe → 2005 CS +
d) Powers of EC limited → can't penalize violation
e) Manner allegation on EC (cp) Jharkhand CM case
f) malpractices such as booth capture still prevalent (cp) Vellore case.
g) misuse of political powers by ousting parties to garner votes
h) Low or infrequent actions against violating candidates
Measures:
— Astha Jain · AIR 9
Diagram
Comparative structure showing other differences between US and India, similarities including pardon and military tribunal powers
- Clear structural comparison between two systems
- Identifies key constitutional provisions
- Distinguishes between nominal and real executive power
- Covers additional differences between systems
- Identifies similarities in clemency powers
- Addresses both pardon and military tribunals
- Provides balanced analysis with positives and negatives
- Discusses separation of powers doctrine
- Addresses accountability concerns
- Explains potential for misuse
- Directly references RPA 1951
- Cites specific section (Section 133)
- Provides case reference
- Covers multiple forms of corruption
- Cites multiple relevant sections
- Discusses specific challenges with data
- References real case example
- Addresses EC limitations
- Provides comprehensive remedial measures
- References multiple cases and committees
- Includes diverse solutions from funding to legal provisions
- Addresses institutional empowerment
Astha Jain
Constitutional Posts and Bodies
President's Powers
Clemency Powers Comparison
517
Total words
24
Paragraphs
comparative
Tone