U.S. President Joe Biden granted an unconditional pardon to his son facing sentencing for federal tax violation and gun convictions.
- The ‘royal prerogative of mercy’ is a historic prerogative of British monarch, originally used to withdraw or provide alternatives to death sentences.
Comparison between Clemency Powers of President of India and USA
Attributes | Indian President | USA President |
Source of Power | Article 72 of Constitution | Article II, Section 2 of constitution |
Scope | Power extends to not only Federal/Union but also state crimes. | Power extends to Federal Crimes only and not state crimes. |
Death Penalty | President can pardon death sentences including those by states. | President can pardon only federal death sentences and not for state crimes. |
Role of Executive Branch | Supreme Court in Maru Ram v. Union of India held that President acts on advice of Council of Ministers and cannot act on his own discretion. | President can act on his own discretion. |
Judicial Review | Scope of Limited judicial review, courts can examine the process but generally not the decision itself. | Courts can review pardons in cases of suspected corruption or abuse of power. |
Limitations | President cannot pardon someone impeached by Parliament. | President cannot pardon someone impeached and convicted by Congress. |
