Source: ET
Context: President Joe Biden recently made history by becoming the first US president to pardon his son, sparking debates about the use of clemency powers.
About US President’s Pardon Procedure:
- Constitutional Basis: Article II, Section 2, Clause 1 of the U.S. Constitution grants the President power to pardon federal offenses, except impeachment.
- Scope:
- Applies to federal crimes only.
- Does not erase the criminal record but relieves penalties and restores specific rights.
- Discretionary Nature: The President exercises clemency independently, without needing Congressional approval.
- Conditions:
- Acceptance of a pardon implies an admission of guilt (Burdick vs. U.S., 1915).
- Does not shield against civil lawsuits or related investigations.
Comparison of US and Indian Pardon Powers:
| Aspect | US | India |
| Constitutional Basis | Article II, Section 2, Clause 1 | Article 72 |
| Scope | Federal crimes only | Union and state offenses, including military and death penalties. |
| Independence | Fully independent | Based on advice from the Council of Ministers. |
| Death Sentences | State governors may pardon death sentences for state crimes. | The President can pardon death sentences. |
| Governors’ Role | Can pardon state crimes | Limited to state crimes, excluding death sentences (Article 161). |
| Process | President exercises authority unilaterally. | President follows ministerial advice under Article 74. |
NOTE: Article is important also from mains perspective specially GS2.
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