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Context:

US President Joe Biden has granted an unconditional pardon to his son Hunter Biden, who was facing sentencing for federal tax and gun convictions.

President Pardon Power in the US

The pardoning power in the United States originates from the British monarch's "royal prerogative of mercy," which allowed monarchs to grant pardons to convicted individuals and was originally used to commute or replace death sentences.

The President has the authority to grant pardons under the United States Constitution. He can issue pardons for federal criminal offenses before or after conviction, but the pardon does not remove the conviction from the record.

Pardon Power under the Indian Constitution

In India, Article 72 of the Constitution empowers the President to grant pardons, commutations, remissions, respites, or reprieves to convicts. Article 161 confers similar powers on the Governor. These powers are exercised with the advice of the council of ministers.

In India, a pardon releases the offender from conviction, punishment, and disqualification.

In the Epuru Sudhakar case (2006), the Supreme Court ruled that the exercise of pardon power is subject to judicial review, particularly for arbitrariness, mala fides, or additional considerations.

Comparison between Pardoning Powers of President and Governor

President	Governor
Can pardon, reprieve, respite, remit, suspend, or commute the punishment or sentence of any person convicted of an offense under a Central law.	Can pardon, reprieve, respite, remit, suspend, or commute the punishment or sentence of anyone convicted of violating a state law.
Death sentences can be pardoned, reprieved, respited, remitted, suspended, or commuted. The President is the sole authority to commute a death sentence.	He cannot pardon a death sentence. Even if a state law mandates the death penalty, the President has the authority to grant a pardon.
Can grant pardon, reprieve, respite, suspension, remission, or commutation of punishment or sentence imposed by a court martial (military court).	Has no power over court-martial decisions.

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PARDONING POWERS OF GOVERNOR

Source:

The Hindu

PRACTICE QUESTION

Q.Critically analyze the impact of the President's pardoning power on the balance of power between the executive and the judiciary in India. (150 words)