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Aspect
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President of India
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President of the USA
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| Constitutional Provisions |
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Article II, Section 2: Grants the President the power to grant pardons, reprieves, and commutations. |
| Scope of Power |
- Offenses under Union law.
- Sentences by court-martial.
- Death penalty cases.
- Cases relating to foreign nationals or military personnel.
- Excludes pardons for offences under state laws (Article 161).
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Federal crimes only, excluding state crimes under the jurisdiction of state governors and cases of impeachment. |
| Types of Clemency Power |
- Pardon: Complete forgiveness, releasing the offender from all penalties and punishments.
- Reprieve: Temporary suspension of a sentence.
- Respite: Reduction of punishment for a particular case.
- Remission: Reduction of the severity of a sentence.
- Commutation: Substitution of a less severe sentence.
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- Pardon: Complete forgiveness, removing all penalties.
- Reprieve: Temporary delay or suspension of a sentence.
- Commutation: Changing a punishment to a less severe one.
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| Parliamentary Influence |
The power is exercised on the advice of the Council of Ministers (Article 74) which is indirectly influenced by Parliament. The President is bound by the advice of the Council. |
The President exercises the pardoning power independently, without needing advice from anybody & without direct influence from the legislative body. |
| Separation of Powers |
The parliamentary system influences the exercise of pardoning power, which emphasises collective responsibility. |
The power is independent, as the President operates under a presidential system with separation of powers. |
| Judicial Review |
Subject to judicial review by the courts if it is deemed to be exercised arbitrarily or in bad faith or violates fundamental rights (Epuru Sudhakar vs. Govt. of AP) |
Generally, exercising pardoning power is not subject to judicial review, as it is considered an executive power. |
| Transparency Process |
There is no constitutional requirement for transparency; decisions are often made without public explanation. |
Pardoning decisions are usually made public through formal announcements, providing some level of transparency. |