HA

Hrishikesh AlaseAIR 61· 2025

Question Continuation Q.13GS2GS2

Differentiate between the clemency powers of the Presidents of India and the USA. Also, critically examine the scope of clemency power in the executive.

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Main Body

Vesting of clemency powers in executive

1Infiltration of principles of separation & powers - Article 50
2Undermines judicial forces and rule of law
3May lead to political pardons. Example: recent pardons in USA
4Can lead to politicization of powers. Example: Malefide
5Lack of uniformity in the usage. Example: no standard criteria

However, there are certain benefits

1Prevents failure of judicial process. Example: disproportionate punishment
2Restructure justice rather than punitive one

President as 'Head of the State' can exercise such powers in extraordinary situations

— Hrishikesh Alase · AIR 61

90 words3 paragraphs

Conclusion

Clemency powers maintain an aspect of humanitarianism to judicial process & punishment Way Forward: 1. Judicial review of pardoning power for malafide 2. Develop a standard criteria for uniform use of powers 3. Can be based upon objective facts of the case

42 words

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Topper

Hrishikesh Alase

AIR 612025

Subject & Paper

GS2GS2

Topic

Executive, Judiciary, Ministries and Pressure Groups

Executive

Executive

Writing Stats

132

Total words

3

Paragraphs

analytical

Tone

Linked PYQ

As a senior officer in the Ministry, you have access to important policy decisions and upcoming big announcements such as road construction projects before they are notified in the public domain. The Ministry is about to announce a mega road project for which the drawings are already in place. Sufficient care was taken by the planners to make use of the government land with the minimum land acquisition from private parties. The compensation rate for private parties was also finalized as per government rules. Care was also taken to minimize deforestation. Once the project is announced, it is expected that there will be a huge spurt in real estate prices in and around that area. Meanwhile, the Minister concerned insists that you realign the road in such a way that it comes closer to his 20-acre farmhouse. He also suggests that he would facilitate the purchase of a big plot of land in your wife’s name at the prevailing rate which is very nominal, in and around the proposed mega road project. He also tries to convince you by saying that there is no harm in it as he is buying the land legally. He even promises to supplement your savings in case you do not have sufficient funds to buy the land. However, by the act of realignment, a lot of agricultural lands has to be acquired, thereby causing a considerable financial burden on the government, and also the displacement of the farmers. As if this is not enough, it will involve cutting down of a large number of trees denuding the area of its green cover. Faced with this situation, what will you do? Critically examine various conflicts of interest and explain what your responsibilities are as a public servant.

20M2018Critically examine