Pardoning powers of U.S. and Indian presidents

Source: The post pardoning powers of U.S. and Indian presidents has been created, based on the article “What are the controversies around pardoning power?” published in “The Hindu” on 4th December 2024

UPSC Syllabus Topic: GS Paper 2- Comparison of the Indian constitutional scheme with that of other countries.

Context: The article explains the pardoning powers of U.S. and Indian presidents, highlighting controversies like Joe Biden’s pardon for his son. It compares systems, discusses misuse concerns, and suggests reforms for fairness and trust in democratic processes. Pardoning powers of U.S. and Indian presidents.

What is the Pardoning Power in the U.S.?

1. The U.S. President has absolute power to grant pardons for federal criminal offences, except in cases of impeachment.
2. A pardon can be issued before or after conviction or even before legal proceedings begin.
3. Historical examples include George Washington pardoning leaders of the Whiskey Rebellion in 1795 and Bill Clinton pardoning his half-brother Roger in 2001.

For detailed information on Pardoning Power in the U.S read this article here

What is the Current Controversy?

1. President Joe Biden pardoned his son, Hunter Biden, for federal tax and gun offences.
2. Hunter Biden was convicted of illegally buying and possessing a gun as a drug user and pleaded guilty to tax evasion.
3. The pardon also covers any federal crimes Hunter may have committed between 2014 and 2024.
4. Joe Biden had earlier promised not to pardon his son but justified this decision by claiming selective prosecution.
5. This decision has sparked debates, much like Donald Trump’s 2020 pardon of his son-in-law’s father.

How Does the Pardoning System Work in India?

1. Articles 72 and 161 of the Constitution empower the President and Governors to grant pardons, commutations, or reprieves.
2. These powers are exercised based on the advice of the council of ministers.
3. In India, a pardon removes conviction, punishment, and related disqualifications.
4. Controversies have arisen due to delays and perceived political motives in mercy petitions.
5. The Supreme Court in Epuru Sudhakar (2006) ruled that pardons can be judicially reviewed if they are arbitrary, mala fide, or influenced by external factors.

For detailed information on The Supreme Court’s Judgment on Pardoning Powers of the Governor read this article here

What Should be Done?

1. Critics argue that pardoning powers were created during monarchies and are often misused for political purposes.
2. In the U.K., the Criminal Cases Review Commission investigates alleged miscarriages of justice, reducing the use of royal pardons.
3. A transparent system for correcting judicial errors is recommended to maintain trust in democracy.
4. Pardons should avoid nepotism or arbitrariness to ensure public trust in constitutional offices.

Question for practice:

Examine how the pardoning powers of the U.S. President and the Indian President differ and discuss the controversies surrounding their use.