Question Q.13GS2GS2

Differentiate the clemency powers of the Presidents of India and the USA. Also elucidate the existing limits on exercising the clemency power in the executive.

Main Body

Clemency power are the pardoning power of president. President of both USA and India has certain power to pardon, remit, respite it to Criminal based on certain circumstances. * Pardoning power of Indian president (given - ARTICLE 72 of Indian constitution) 5 powers - 1. Pardon - Complete pardon. All allegations removed. Made person free from all charges. 2. Commute: Change the character of punishment. 3. Remission: Decrease the duration of punishment. 4. Reprieve - In special circumstances Considered. 5. Respite - Temporary suspend the Capital punishment delay

Clemency power of president of IndiaLarge/Broad scope of clemency.Reprieve, Respite, commute, complete pardon available.Cannot exercise arbitrary. only utilize based on cabinet MoCouncil recommendation.limited judicial review is possible. * USA Case:Broad in the sense, president need not to take ministry of council permission.No Judicial review possible.Limited no. of pardon per year. Recently, Joe-Biden, USA president pardoned his son in charge at drug trafficking.

* vesting clemency power in executive:Faster decision making.Flexibility in working of executive.Utilize machinery to ensure process free and fair.pursuant + council of Minister + Judiciary check & balance.possibility of misuse.advantage to protect ones supported.Negatively used against opponent.Limited or no say of legislature.power utilize with bias. Way forward - Executive power of clemency should be executive on basis of broad outlook & Guidelines. SOP should be fixed. Limited Judicial oversight is good to check & balance auxiliary use.

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Conclusion

Way forward - Executive power of clemency should be executive on basis of broad outlook & Guidelines. SOP should be fixed. Limited Judicial oversight is good to check & balance auxiliary use.

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Diagram

Vesting clemency power in executive - Diagram showing advantages and disadvantages (faster decision making, flexibility, misuse possibilities, bias in power utilization, etc.)

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Page 26

Topper

POOJA SONI

AIR 2492025

Subject & Paper

GS2GS2

Topic

Comparison of Indian Constitutional Scheme with Other Countries

Comparison - President's Pardoning Power

Clemency Powers and Types

Writing Stats

291

Total words

Paragraphs

Bullets

analytical-prescriptive

Tone