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KIRAN KAMATEAIR 53· 2025

Question Q.13GS2GS2

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

Open scan (p.29)

Introduction

The clemency powers for fundamental leaders in judicial context are extraordinary powers bestowed on the head of the executive that is PRECEDENT.

22 words

Main Body

INDIA comparison with USA 1. INDIA - Article 72 provides for pardoning power USA - 1. Similar provision in USA constitution 2. INDIA - Can pardon the sentence USA - 2. US President can commute 3. INDIA - Commute, remit, reprieve the sentence of convict USA - 3. Similar powers but India has more elaborate

4. Exercised on the aid and advice of Council of Ministers INDIA 4. Can be exercised unilaterally. [Commute not binding, unlike Indian context] 5. Shares similar power with the state heads i.e. governor (Article 161) YES, but very limited, however cannot pardon the death sentence examination of clemency power on the executive 1. Create a secondary chamber to avoid external misguided cases 2. Act as last life of defence or protection to the conflict

3. Ensure the exception to normal procedure due to extraordinary situation i Procedural issues/convict, lack of evidence/public petition in support of convict To correct bonafide mistakes 4. [Branched diagram showing:] Issues - Create a parallel power to the judiciary - Politically motivated cases - Reduce the corporate structure of judiciary and the trust of public Thus, clemency powers are almost parallel to presidents of both USA & INDIA.

— KIRAN KAMATE · AIR 53

197 words1 paragraphs

Diagram

Comparative table of clemency powers in India and USA with columns showing Article 72 provisions, pardon features, commute/remit/reprieve powers, and executive constraints

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Topper

KIRAN KAMATE

AIR 532025

Subject & Paper

GS2GS2

Topic

Comparison of Indian Constitutional Scheme with Other Countries

Comparison - President's Pardoning Power

Comparison - President's Pardoning Power

Writing Stats

219

Total words

1

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