Question Q.13GS2GS2
Differentiate between the clemency powers of the Presidents of India and the USA. Also, discuss the vesting of clemency power in the executive.
Main Body
Ans) Recently, the US President Donald Trump signed executive order granting clemency to all arrested for Jan 2020 violence in US capitol, highlighting the role of clemency powers. • Clemency powers of Indian president(1) Art.72 provides clemency powers to grantPardons, Reprieves, Respites, Commutations in all cases (Union law), capital punishment, court martial decision (2) The clemency powers of Indian president is exercised on the basis of law of land between minister & COM. The power is NOT DISCRETIONARYsubject to Judicial Review (as said by SC in Shatrughan case 2014) • Clemency powers of US president(1) Discretionary power of US president (2) No judicial review (3) Law grant clemency only in cases of Federal law, NOT state law constancy • Vesting of clemency powers is the Executive
Binding and adequate of Prime Minister & COM. The power is NOT DISCRETIONARY.subject to Judicial Review (as said by SC in Shatrughan case 2014) • Clemency powers of US president(1) Discretionary power of US president (2) No judicial review (3) Law grant clemency only in cases of Federal law, NOT state law constancy • Vesting of clemency powers is the Executive
Scope of correction of Judicial errornew facts came into light after Judicial decisiongrounds of human morality and compassion NEGATIVE consequentscritical misuse (Joe biden gave clemency to his own son)Arbitrary usageAgainst principles of Natural Justice PQNS Erodes public trust in JUSTICE and institution. Clemency powers are extraordinarily immense & should be used judiciously.
263 words1 paragraphs
Conclusion
Clemency powers are extraordinarily immense & should be used judiciously.
10 words
Diagram
Flow chart showing: POSITIVE CONSEQUENCES (Scope of correction of Judicial error, new facts came into light after Judicial decision, grounds of human morality and compassion) and NEGATIVE CONSEQUENCES (critical misuse (Joe biden gave clemency to his own son), Arbitrary usage, Against principles of Natural Justice (PQNS)). Connected to: Erodes public trust in JUSTICE and institution. Clemency powers are extraordinarily immense & should be used judiciously.
Topper
RISHUL-NEEMA
AIR 2672025
Subject & Paper
GS2GS2
Topic
Comparison of Indian Constitutional Scheme with Other Countries
Comparison - President's Pardoning Power
Clemency Powers
Writing Stats
273
Total words
1
Paragraphs
analytical
Tone