Question Q.13GS2GS2

Differentiate the clemency powers of the Presidents of India and the USA. Also elucidate the existing limits on exercising the clemency power in the executive.

Main Body

Clemency power are the pardoning power of president. President of both USA and India has certain power to pardon, remit, respite it to Criminal based on certain circumstances. * Pardoning power of Indian president (given - ARTICLE 72 of Indian constitution) 5 powers - 1. Pardon - Complete pardon. All allegations removed. Made person free from all charges. 2. Commute: Change the character of punishment. 3. Remission: Decrease the duration of punishment. 4. Reprieve - In special circumstances Considered. 5. Respite - Temporary suspend the Capital punishment delay

Clemency power of president of India → Large/Broad scope of clemency. → Reprieve, Respite, commute, complete pardon available. → Cannot exercise arbitrary. only utilize based on cabinet MoCouncil recommendation. → limited judicial review is possible. * USA Case: → Broad in the sense, president need not to take ministry of council permission. → No Judicial review possible. → Limited no. of pardon per year. Recently, Joe-Biden, USA president pardoned his son in charge at drug trafficking.

* vesting clemency power in executive: → Faster decision making. → Flexibility in working of executive. → Utilize machinery to ensure process free and fair. → pursuant + council of Minister + Judiciary check & balance. → possibility of misuse. → advantage to protect ones supported. → Negatively used against opponent. → Limited or no say of legislature. → power utilize with bias. Way forward - Executive power of clemency should be executive on basis of broad outlook & Guidelines. SOP should be fixed. Limited Judicial oversight is good to check & balance auxiliary use.

— POOJA SONI · AIR 249

259 words1 paragraphs1 bullet points

Conclusion

Way forward - Executive power of clemency should be executive on basis of broad outlook & Guidelines. SOP should be fixed. Limited Judicial oversight is good to check & balance auxiliary use.

32 words

Diagram

Vesting clemency power in executive - Diagram showing advantages and disadvantages (faster decision making, flexibility, misuse possibilities, bias in power utilization, etc.)

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Topper

POOJA SONI

AIR 2492025

Subject & Paper

GS2GS2

Topic

Comparison of Indian Constitutional Scheme with Other Countries

Comparison - President's Pardoning Power

Clemency Powers and Types

Writing Stats

291

Total words

Paragraphs

Bullets

analytical-prescriptive

Tone

Linked PYQ

A private company is known for its efficiency, transparency and employee welfare. The company though owned by a private individual has a cooperative character where employees feel a sense of ownership. The company employs nearly 700 personnel and they have voluntarily decided not to form a union. One day suddenly in the morning, about 40 men belonging to a political party gate-crashed into the factory demanding jobs in the factory. They threatened the management and employees, and also used foul language. The employees feel demoralized. It was clear that those people who gate-crashed wanted to be on the payroll of the company as well as continue as the volunteers/members of the party. The company maintains high standards in integrity and does not extend favours to civil administration that also includes law enforcement agency. Such incidents occur in public sector also. (a) Assume you are the CEO of the company. What would you do to diffuse the volatile situation on the date of gate-crashing with the violent mob sitting inside the company premises? (b) What could be the long-term solution to the issue discussed in the case? (c) Every solution/action that you suggest will have a positive and a negative impact on you (as CEO), the employees and the performance of the employees. Analyze the consequences of each of your suggested actions.

20M2015