This article is written by Ayushee goyal,BCOM LLB (H),CHANDIGARH UNIVERSITY during her internship with Le Droit India.
Introduction
The pardoning power of the President is a significant aspect of the executive authority in many democratic nations, including the United States and India. This power allows the President to grant reprieves, pardons, and clemency to individuals convicted of crimes, serving as a critical check within the justice system. Understanding the scope and implications of this power is essential for comprehending the broader constitutional framework.
Constitutional Basis
In the United States, the President’s pardoning power is enshrined in Article II, Section 2 of the Constitution. It grants the President the authority to “grant reprieves and pardons for offenses against the United States, except in cases of impeachment.” This power is broad, encompassing full pardons, commutations of sentences, reprieves, and amnesties. Similarly, in India, the President’s pardoning power is outlined in Article 72 of the Constitution, enabling the President to grant pardons, reprieves, respites, or remissions of punishment, or to suspend, remit, or commute the sentence of any person convicted of any offense.
Purpose and Significance
The primary purpose of the pardoning power is to provide a mechanism for mercy and to rectify potential injustices in the legal process. It allows the executive to address exceptional cases where the rigid application of the law might result in undue hardship or where new evidence suggests wrongful conviction. Additionally, it serves as a humanitarian tool to address circumstances involving severe illness or humanitarian concerns.
Limitations and Controversies
Despite its broad nature, the pardoning power is not without limitations. In the United States, for instance, it cannot be used in cases of impeachment, ensuring that the President cannot shield themselves or other government officials from the consequences of impeachment proceedings. Controversies often arise regarding the timing and recipients of presidential pardons, especially when they appear politically motivated or when they involve high-profile individuals.
Conclusion
The pardoning power of the President is a vital component of the executive’s role, providing a necessary check within the justice system. While its broad application can lead to controversies, its existence underscores the importance of mercy and the capacity for justice to adapt to exceptional circumstances. Understanding this power within the constitutional context highlights its significance and the need for its judicious use.
