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RISHUL-NEEMAAIR 267· 2025

Question Q.13GS2GS2

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

Open scan (p.29)

Main Body

Ans) Recently, the US President Donald Trump signed executive order granting clemency to all arrested for Jan 2020 violence in US capitol, highlighting the role of clemency powers. • Clemency powers of Indian president → (1) Art.72 provides clemency powers to grant → Pardons, Reprieves, Respites, Commutations in all cases (Union law), capital punishment, court martial decision (2) The clemency powers of Indian president is exercised on the basis of law of land between minister & COM. The power is NOT DISCRETIONARY → subject to Judicial Review (as said by SC in Shatrughan case 2014) • Clemency powers of US president → (1) Discretionary power of US president (2) No judicial review (3) Law grant clemency only in cases of Federal law, NOT state law constancy • Vesting of clemency powers is the Executive

Binding and adequate of Prime Minister & COM. The power is NOT DISCRETIONARY. → subject to Judicial Review (as said by SC in Shatrughan case 2014) • Clemency powers of US president → (1) Discretionary power of US president (2) No judicial review (3) Law grant clemency only in cases of Federal law, NOT state law constancy • Vesting of clemency powers is the Executive

Scope of correction of Judicial error → new facts came into light after Judicial decision → grounds of human morality and compassion NEGATIVE consequents → critical misuse (Joe biden gave clemency to his own son) → Arbitrary usage → Against principles of Natural Justice PQNS Erodes public trust in JUSTICE and institution. Clemency powers are extraordinarily immense & should be used judiciously.

— RISHUL-NEEMA · AIR 267

263 words1 paragraphs

Conclusion

Clemency powers are extraordinarily immense & should be used judiciously.

10 words

Diagram

Flow chart showing: POSITIVE CONSEQUENCES (Scope of correction of Judicial error, new facts came into light after Judicial decision, grounds of human morality and compassion) and NEGATIVE CONSEQUENCES (critical misuse (Joe biden gave clemency to his own son), Arbitrary usage, Against principles of Natural Justice (PQNS)). Connected to: Erodes public trust in JUSTICE and institution. Clemency powers are extraordinarily immense & should be used judiciously.

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Topper

RISHUL-NEEMA

AIR 2672025

Subject & Paper

GS2GS2

Topic

Comparison of Indian Constitutional Scheme with Other Countries

Comparison - President's Pardoning Power

Clemency Powers

Writing Stats

273

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