Question Continuation Q.13GS2GS2
Differentiate between the clemency powers of the Presidents of India and the USA. Also, critically examine the scope of clemency power in the executive.
Main Body
Vesting of clemency powers in executive
1Infiltration of principles of separation & powers - Article 50
2Undermines judicial forces and rule of law
3May lead to political pardons. Example: recent pardons in USA
4Can lead to politicization of powers. Example: Malefide
5Lack of uniformity in the usage. Example: no standard criteria
However, there are certain benefits
1Prevents failure of judicial process. Example: disproportionate punishment
2Restructure justice rather than punitive one
President as 'Head of the State' can exercise such powers in extraordinary situations
90 words3 paragraphs
Conclusion
Clemency powers maintain an aspect of humanitarianism to judicial process & punishment Way Forward: 1. Judicial review of pardoning power for malafide 2. Develop a standard criteria for uniform use of powers 3. Can be based upon objective facts of the case
42 words
This is a continuation from previous page
Examiner score
1.1/10Open original scan
Page 30
Topper
Hrishikesh Alase
AIR 612025
Subject & Paper
GS2GS2
Topic
Executive, Judiciary, Ministries and Pressure Groups
Executive
Executive
Writing Stats
132
Total words
3
Paragraphs
analytical
Tone