Question 13Differentiate and critically examineGS2GS2

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

Main Body

Presidents of India & USA are heads of state which can exercise their pardoning power in separate ways. Clemency power offer to pardoning power. Other includes: commutation, remission, respite, pardon, reprieve. Differences: Indian President (Article 72) - Can pardon clemency of both state & central i.e HC & SC decisions. USA - Can only pardon pertains by the central court.

Can pardon data between both state & central i.e HC & SC divisions. Cannot pardon data divisions. Can remit, suspend, commute, respite & pardon a death sentence. Cannot pardon a death sentence. Can remit, suspend, commute, respite, cannot remit a death sentence. Cannot forgdon a death sentence. Power in aid & also of advisors of President (Article 74). This is alone giving a 14-day notice to the Vice President. The motion has to be passed by 2/3rd the member present & voting in the Rajya Sabha (absolute majority). The motion then goes to look Sabha and two to be passed by a single majority. The Vice President then stands removed by the Vice President can be present during marches of motion but cannot vote during voting process. Vice President of general appeal Badap Maubab UP pioneered lot changes for very few of Vice President.

President walks on aid & advise of council of ministers & cannot a diversionary source & here can take decision independently. Deferred decision making after death decision of declaration. Interest giving & effectiveness, imposition & human style to be. Does with liberty power with cabinet: (1) Pardoning & sentences & criminal with political opposition (2) Delayed decision making due to varying & conflicting opinions (3) Prevalence & basis in judgement (4) Against separation of powers - it's a judicial function, albeit only. Here, clemency powers are required to be balanced with universal concerns upheld for justice.

— YASHVI JAIN · AIR 97

300 words1 paragraphs

Conclusion

Here, clemency powers are required to be balanced with universal concerns upheld for justice.

14 words

Diagram

Structured table showing differences between Indian President and USA President clemency powers with branches showing commutation, remission, respite, pardon, reprieve

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YASHVI JAIN

AIR 972025

Subject & Paper

GS2GS2

Topic

Comparison of Indian Constitutional Scheme with Other Countries

Comparison - President's Pardoning Power

Clemency powers comparison

Writing Stats

314

Total words

Paragraphs

analytical

Tone

Linked PYQ

As a senior officer in the Ministry, you have access to important policy decisions and upcoming big announcements such as road construction projects before they are notified in the public domain. The Ministry is about to announce a mega road project for which the drawings are already in place. Sufficient care was taken by the planners to make use of the government land with the minimum land acquisition from private parties. The compensation rate for private parties was also finalized as per government rules. Care was also taken to minimize deforestation. Once the project is announced, it is expected that there will be a huge spurt in real estate prices in and around that area. Meanwhile, the Minister concerned insists that you realign the road in such a way that it comes closer to his 20-acre farmhouse. He also suggests that he would facilitate the purchase of a big plot of land in your wife’s name at the prevailing rate which is very nominal, in and around the proposed mega road project. He also tries to convince you by saying that there is no harm in it as he is buying the land legally. He even promises to supplement your savings in case you do not have sufficient funds to buy the land. However, by the act of realignment, a lot of agricultural lands has to be acquired, thereby causing a considerable financial burden on the government, and also the displacement of the farmers. As if this is not enough, it will involve cutting down of a large number of trees denuding the area of its green cover. Faced with this situation, what will you do? Critically examine various conflicts of interest and explain what your responsibilities are as a public servant.

20M2018Critically examine