Question Q.13GS2GS2

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

Main Body

Article 72 of the constitution of India provided for Pardoning powers to the president of India. Difference in clemency power: India: 1) Not a discretionary power (On the advise of COM; Maru Ram case) 2) Have various options like pardon, commute, respite, etc. et al 3) Judicial review not allowed unless there is grave injustice 4) Can Pardon death penalty under state law as well 5) Coinciding powers with the governor USA: 1) Discretionary power of US president 2) Can pardon offence conviction (Eg Hunts Biden Case) 3) Judiciary review is strictly not allowed 4) Can't pardon offence conviction under state law 5) No coincidence with the state governor

India: 4) Can Pardon death penalty under state law as well 5) Coinciding powers with the governor USA: 4) Can't pardon offence conviction under state law 5) No coincidence with the state governor Vesting of clemency power in executive: Necessary: 1) To correct the wrong committed by the highest court indirectly 2) To look beyond the merits of the case 3) Respecting public sentiments in the case which may help auidily law and order situation Eg. Rajiv Gandhi murder case 4) Ensure check and balance in democratic organs However Concerns are: 1) Overriding safeguard of constitution i.e. Judiciary 2) Misuse of power by government for political interest Eg. Rajasthan governor pardoning MLA 3) Against doctrine of separation of powers Thus, this power should be used sparingly so as not to harm the dignity of Judiciary

— NISHCHAL JAIN · AIR 119

244 words1 paragraphs

Conclusion

Thus, this power should be used sparingly so as not to harm the dignity of Judiciary

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NISHCHAL JAIN

AIR 1192025

Subject & Paper

GS2GS2

Topic

Comparison of Indian Constitutional Scheme with Other Countries

Comparison - President's Pardoning Power

Clemency Powers - India and USA

Writing Stats

260

Total words

Paragraphs

comparative

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Linked PYQ

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20M2018Critically examine