Question Q.13GS2GS2

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

Introduction

India has a parliamentary system wherein President is the nominal head of state. US has a presidential system wherein he is the real head. many substantial differences exist b/w them Vesting clemency powers in Executive RPA 1951 provides for comprehensive details regarding what constitutes corrupt practices and their penalties.

49 words

Main Body

India has a parliamentary system wherein President is the nominal head of state.

US has a presidential system wherein he is the real head.

many substantial differences exist b/w them

Clemency powers:

US | India

a) US president has complete authority to decide on pardon/commute etc | a) Indian Pres acts on the advice of CoM not otherwise

b) Lowest: can pardon death sentence, every military orders etc | b) A173have to commute, remit, respite and pardon

c) PRES is the final authority, can't be questioned

d) Vested with seal & will gus to ensure judicial correction loope

US vs IndiaOther differences:

buz-lex legislative power, full executive powers, choi VP | Legislative executive, judicial emergency powers

Both can pardon & death sentence

Similaritiesb) both can pardon sentences of military tribunals

c) can commute, remit also

Vesting clemency prs in Executive

Positives:

1Ensure checks on judicial powers & scope for correction

2Give executive discretion to ensure complete justice

3Checks & balances between diff organs of state

4Ensure accountability of executive towards ensuring justice

Negative:

1Against Separation of Powers

2→ potential for misuse of power

3Politicization changes as executive can use it for political gains

4Hamper judicial independence by subverting its judgment

RPA 1951 provides for comprehensive details regarding what constitutes corrupt practices and their penalties.

Section 133Promotion of hate, animosity among people on the basis of caste, religion etc (cp Ashutosh Singh case)

blowing social evildowry, sati, tamicide violence etc

Corruption and misuse of goat machinery for political gains

body capturing, vote rigging and undue influence on voter

Violating MCC, UDHR silence period, false affidavit to EC.

Section 8(1)prohibit persons convicted under PCA, UAPA, Lathi Act

Section 8(2)prohibit for dowry

Section 3stages in gaft convicts, corruption, bribery etc

see 8(3)convicted for 5yrs +

Challengesa) Reluctant violations (cp) Hate speeches

b) low conviction rates45% criminal initiation in dept sabhe

c) Expenditure limits not adheredfrom loft sabhe2005 CS +

d) Powers of EC limitedcan't penalize violation

e) Manner allegation on EC (cp) Jharkhand CM case

f) malpractices such as booth capture still prevalent (cp) Vellore case.

g) misuse of political powers by ousting parties to garner votes

h) Low or infrequent actions against violating candidates

Measures:

1State funding of elections (for clean elections (9) Indrajyt luptC)

2Empower EC to penalize violation (Ashish Govanni)

3Fast track courts to expedite cases of crimes by MPs

4Penal provision for false disclosing of assets, criminal records

5Pledges & candidates under RTI

6MCC legalization → NCPWC

7Strict sheets on hate speech → bring law for lifetime ban of candidates

468 words24 paragraphs

Diagram

Comparative structure showing other differences between US and India, similarities including pardon and military tribunal powers

Clear structural comparison between two systems
Identifies key constitutional provisions
Distinguishes between nominal and real executive power
Covers additional differences between systems
Identifies similarities in clemency powers
Addresses both pardon and military tribunals
Provides balanced analysis with positives and negatives
Discusses separation of powers doctrine
Addresses accountability concerns
Explains potential for misuse
Directly references RPA 1951
Cites specific section (Section 133)
Provides case reference
Covers multiple forms of corruption
Cites multiple relevant sections
Discusses specific challenges with data
References real case example
Addresses EC limitations
Provides comprehensive remedial measures
References multiple cases and committees
Includes diverse solutions from funding to legal provisions
Addresses institutional empowerment

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Page 29

Topper

Astha Jain

AIR 92025

Subject & Paper

GS2GS2

Topic

Constitutional Posts and Bodies

President's Powers

Clemency Powers Comparison

Writing Stats

517

Total words

Paragraphs

comparative

Tone