27 November, 2020
11 Min Read
Comparison between President’s Powers to Pardon in USA vs India
Comparison between USA vs India
Pardoning Power of the President in the USA:
Pardoning Power of the President in India:
Under Article 72 (PT) of the Constitution, 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 where the sentence is a sentence of death.
Although the President is bound by the Cabinet’s advice, Article74 (1) empowers him to return it for reconsideration once. If the Council of Ministers decides against any change, the President has no option but to accept it.
Under Article 161, the Governor in India too has pardoning powers.
Difference Between Pardoning Powers of President and Governor:
The scope of the pardoning power of the President under Article 72 is wider than the pardoning power of the Governor under Article 161 which differs in the following two ways:
Terms for Prelims
Pardon: It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications.
Commutation: It denotes the substitution of one form of punishment for a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to a simple imprisonment.
Remission: It implies reducing the period of sentence without changing its character. For example, a sentence of rigorous imprisonment for two years may be remitted to rigorous imprisonment for one year.
Respite: It denotes awarding a lesser sentence in place of one originally awarded due to some special fact, such as the physical disability of a convict or the pregnancy of a woman offender.
Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.
Rajasthan First State to Implement Biofuel Policy: (GS-II(Policies) & GS-III(Environment)) Theme: Biofuel Policy Rajasthan has become the first State in the country to implement the national policy on biofuels unveiled by the Centre in May 2018. The desert State will lay emphasis on increasing production of oils
Services e-Health Assistance and Teleconsultation (SeHAT) is the tri-services teleconsultation service of the Ministry of Defense designed for all entitled personnel and their families. As part of the Government’s commitment to Digital India and e-Governance, Minister of Defense launched SeHAT on 27 May 2021. It has been a great exam
PM Poshan (Erstwhile Mid Day Meal) Scheme Cabinet has approved the Prime Minister POSHAN scheme or PM-POSHAN for providing one hot cooked meal in Government and Government-aided schools. The scheme will replace the existing national programme for mid-day meal in schools or Mid-day Meal Scheme (launched in 1995). It has been launched for a
National Initiative for Design Innovation (NIDI) Government launched the scheme of “National Initiative for Design Innovation (NIDI)” in March, 2014. Scheme envisaged establishment of 20 Design Innovation Centres (DIC), One Open Design School (ODS) and One National Design Innovation Network (NDIN) across the country for promoti
Saffron is a plant whose dried stigmas (thread-like parts of the flower) are used to make saffron spice. Saffron cultivation is believed to have been introduced in Kashmir by Central Asian immigrants around the 1st Century BCE. Pampore region, in India, commonly known as Saffron bowl of Kashmir, is the main contributor to saffron p
Copyright© Aspire IAS Academy. All rights reserved. Powered by CLT Technologies & Edu-Publishers Private Limited.