Skip to main content

President’s powers to pardon- in US, India

With less than two months of his tenure remaining, US President Donald Trump on Wednesday exercised his powers under the Constitution to pardon Michael Flynn, his former National Security Advisor, who had twice pleaded guilty to lying to the FBI.
CONTEXT

US President Donald Trump recently exercised his powers under the Constitution to pardon Michael Flynn, his former National Security Advisor, who had twice pleaded guilty to lying to the FBI.

What is the extent of the US President’s power to pardon?

  • US President has the constitutional right to pardon or commute sentences related to federal crimes.
  • This power is granted without limit and cannot be restricted by Congress.
  • Similarly, Clemency is a broad executive power, and is discretionary- meaning the President is not answerable for his pardons, and does not have to provide a reason for issuing one.

LIMITATIONS

  • This power cannot be exercised in cases of impeachment.
  • The power only applies to federal crimes and not state crimes.

Clemency powers of the Indian President under article 72

It says that the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.

THE PRESIDENT CAN EXERCISE THESE POWERS

  • In all cases where the punishment or sentence is by a court martial.
  • In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends.
  • In all cases where the sentence is a sentence of death.

KEY FACTS

  • This power of pardon shall be exercised by the President on the advice of Council of Ministers.
  • The constitution does not provide for any mechanism to question the legality of decisions of President or governors exercising mercy jurisdiction.
  • But the SC in Epuru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness.
Labels:

Comments

Post a Comment

Popular posts from this blog

Explained: What is Army Aviation Corps, the youngest Corps of the Indian Army

A look at the Army Aviation Corps’ history and its relevance in modern day battlefields, including in Counter Insurgency and Counter Terrorism (CI-CT) operations. Representative Image The Army Aviation Corps (AAC), the youngest Corps of the Indian Army, celebrated its 35th Corps Day on November 1. We take a look at the arm that adds an air dimension to the Army’s capabilities, its history, and its relevance in modern day battlefields, including Counter Insurgency and Counter Terrorism (CI-CT) operations. The roots of Army Aviation Corps The origin of the AAC can be traced back to the raising of the Army Aviation wing of the Royal Air Force in India in 1942, and the subsequent formation of the first Indian Air Observation Post in August 1947. The Air Observation Post units primarily acted as artillery spotters – which are the elements that help the artillery in directing the fire and also giving air support to ground forces. In the wars of 1965 and 1971, the Air Observation Post helicop...
Post a Comment
Read more

India's S-400, Nuke Subs, Rafales pose a serious threat to Pak - FM Qureshi

India’s purchase of Russian S-400 air defence systems, via a deal signed last year and worth $5.43 billion, has unnerved Pakistan, with Foreign Minister Shah Mohammed Qureshi describing the S-400s as destabilising weapon systems which could affect the region's strategic stability. Delivery of the first S-400 system is likely to take place in 2020. Expressing his apprehension about the arms purchase by India, Pakistani Foreign Minister Shah Mohammed Qureshi has called on global powers to be "mindful" of their responsibility in terms of arms supplies to the region. "The introduction of new destabilising weapon systems, such as the S-400 anti-ballistic missile system, could further accentuate challenges to strategic stability. They can encourage a misadventure by an adversary, under a false sense of security," FM Shah Mohammed Qureshi said on Wednesday in Islamabad. Last October, India inked a $5.43 billion defence contract with Russia to purchase of five S-400 air...
Post a Comment
Read more

Explained: India-US defence deals - BECA, LEMOA & COMCASA

At 2+2 meeting next week, the two countries will look to push intelligence sharing pact BECA . With key deals LEMOA and COMCASA already signed, what does it mean for defence, particularly in light of LAC standoff? India and US have signed the LEMOA in 2016, COMCASA in 2018 and BECA is scheduled for the third 2+2 ministerial meeting (on November 3rd) India and the US are preparing for the third 2+2 ministerial meeting between External Affairs Minister S Jaishankar and Defence Minister Rajnath Singh , and US Secretary of State Michael Pompeo and Defense Secretary Mark T Esper in New Delhi on October 26-27. Deputy Secretary of State Stephen E Biegun visited India last week to lay the groundwork for the high-level visits 2+2 in 2018. One of the items on the agenda will be the Basic Exchange and Cooperation Agreement (BECA) — a pact with deep military implications. In the last two meetings, agreements known as LEMOA and COMCASA were signed; now, with BECA, these have been dubbed the ...
Post a Comment
Read more