Question 13GS2GS2

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

Introduction

Clemency powers or Pardoning Powers means ability of executive to lift the punishment as well as the Conviction on the grounds of empathy or corrective or 'corrective' justice.

28 words

Main Body

Clemency powers or Pardoning Powers means ability of executive to lift the punishment as well as the Conviction on the grounds of empathy or corrective or 'corrective' justice.

Comparative Table:

Indian President vs President of USA

Indian President:

1Pardoning power relate to Union Laws and death Penalty

2On the advice of Council of ministers

3Judicial review are the grounds of being 'Misfide'

President of USA:

1Pardoning Power related to only Federal crime.

2President himself empowered.

3No Judicial review. [Eg] Joe Biden pardoned his son Hunter Biden.

President of India vs President of USA

1Broader power — Can lift death penalty of State law.

5Procedure set by Council of ministers and Judiciary.

President of USA:

4Narrower- only related to Federal crimes.

5No set procedure- an Presidential will.

However, both of them have the power of pardon, reprieve, respite and clemency.

Reasons behind Vesting of Clemency Power

1To enforce 'corrective' or reformational justice.

2To correct the mistakes of Judiciary as the law is rigid and blind.

3To show empathy and compassion as a State Virtue.

4Historical basis → UK King has clemency power, 'fountain of Justice' during Mughals.

5Human centric approach in governance.

Arguments against vesting of clemency power

1Violates separation of power → executive encroaching on judicial space.

2Executive Malfide → may use it for vested interest.

3Clemency petition cause [delays] in judgements.

4Use for political purpose. [Eg] Ajad Guru Case.

Thus, any exercise of clemency power must be backed by transparency and accountability to uphold 'spirit' of justice.

267 words12 paragraphs

Conclusion

Thus, any exercise of clemency power must be backed by transparency and accountability to uphold 'spirit' of justice.

18 words

Diagram

Table comparing pardoning powers between Indian President and President of USA with three comparison points each

Examiner score

1.3/10

Open original scan

Page 29

Topper

Gaurav Chopra

AIR 832025

Subject & Paper

GS2GS2

Topic

Comparison of Indian Constitutional Scheme with Other Countries

Comparison - President's Pardoning Power

Clemency Powers - India vs USA

Writing Stats

313

Total words

Paragraphs

comparative-analytical

Tone