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

INDIA comparison with USA 1. INDIA - Article 72 provides for pardoning power USA - 1. Similar provision in USA constitution 2. INDIA - Can pardon the sentence USA - 2. US President can commute 3. INDIA - Commute, remit, reprieve the sentence of convict USA - 3. Similar powers but India has more elaborate

4. Exercised on the aid and advice of Council of Ministers INDIA 4. Can be exercised unilaterally. [Commute not binding, unlike Indian context] 5. Shares similar power with the state heads i.e. governor (Article 161) YES, but very limited, however cannot pardon the death sentence examination of clemency power on the executive 1. Create a secondary chamber to avoid external misguided cases 2. Act as last life of defence or protection to the conflict

3. Ensure the exception to normal procedure due to extraordinary situation i Procedural issues/convict, lack of evidence/public petition in support of convict To correct bonafide mistakes 4. [Branched diagram showing:] Issues - Create a parallel power to the judiciary - Politically motivated cases - Reduce the corporate structure of judiciary and the trust of public Thus, clemency powers are almost parallel to presidents of both USA & INDIA.