Even though India has taken the power of pardon from America, here the power of pardon of the President is very complex. No President can give it away easily. First of all, Americans understand the pardon power of President Biden. Do you also understand how different it is from India? Why can’t the Indian President grant pardon indiscriminately like America?
In America, Presidents from both parties, be it Democrats or Republicans, have left no stone unturned in granting pardon to their near and dear ones. American Presidents have given wholesale pardons.
What were the cases against Hunter that Biden had to pardon?
Hunter Biden was facing two federal criminal cases and was convicted. he/she was convicted on all three charges of providing false information regarding drug use when purchasing a handgun in a trial in Delaware. If Hunter had been given the maximum punishment on all three charges, he/she could have been sentenced to up to 25 years.
Additionally, Hunter was charged with a total of nine counts of tax evasion between 2016 and 2019, including failure to file tax returns and filing false returns. he/she could have faced a maximum sentence of 17 years in the tax case. This is the first time in American history that the child of a sitting President has been convicted in a case.
What is the pardon power of the President in America?
The President’s pardon power is clearly outlined in the US Constitution. Section 2 of Article II states that the President has the power to commute sentences and grant pardons for crimes against the United States, except in cases of impeachment. The president’s power applies only to federal crimes, not states. It also does not apply to impeachment cases.
US President not accountable for his/her pardon power
The President of the United States has the constitutional authority to pardon federal crimes or change the nature of the sentence. Pardon is a broad executive and discretionary power, meaning that the President is not accountable for his/her pardon power and is not bound to give reasons for his/her order. However, it also has some limitations.
All the Presidents in America have been giving wholesale price waiver
America has a history of presidents from both parties granting pardons to their close associates. This is the 26th pardon of Biden, who comes from the Democrat Party, during his/her tenure as President. According to the Pew Research Center, Trump issued 237 pardons during his/her four years in the White House. At the same time, his/her predecessor Barack Obama had issued a total of 1,927 pardons during his/her eight-year tenure.
Limits on the pardon power of the US President
There is President’s rule in America. The Supreme Court of America has recognized that these powers are unlimited and cannot be restricted by Congress (legislature). However, the US President does not have the power of pardon in impeachment cases. Furthermore, he/she cannot exercise pardon power on crimes against states. People who are pardoned by the President may also be tried individually under the laws of the states.
What is the pardon power of the President in India?
Under Article 72 of the Constitution, the President of India has the power to pardon persons who have been convicted of any offense in these cases. Such as-
- Punishment imposed in respect of an offense against federal law
- In punishment given by military court
- And if the form of punishment is death penalty
Limits of pardon power of the President of India
The President cannot exercise his/her power of pardon without the advice of the Union Cabinet. The Supreme Court has ruled in many cases that the President has to take the decision on the advice of the Council of Ministers while deciding the mercy petition. These include the cases of Maruram vs. Union of India in 1980 and Dhananjay Chatterjee vs. State of West Bengal in 1994.
What is the procedure followed for pardon?
The mercy petition pending with the President is sent to the Home Ministry for the advice of the Cabinet. The Ministry sends the petition to the concerned State Government, after receiving the reply of which the Council of Ministers gives its advice. The advice of the Cabinet is binding on the President. Article 74(1) empowers him/her to return it to the Cabinet for reconsideration. If the Cabinet sends it to the President without any changes then the President has no option but to accept it.
Governor also has the power of pardon, not death penalty
The Governor also has the power to grant pardon under Article 161 of the Constitution. The President can pardon the sentence awarded by a military court. But, not the Governor. The Governor does not have the power to pardon in death penalty cases.
Where did the power of pardon come from in America?
America’s founders took the pardon power from England, where the king had a long tradition of the ability to issue pardons. There was some debate about whether Congress should be required to approve pardons and whether there should be an exception for treason, but Alexander Hamilton pushed for the constitutional convention to vest the broad pardon power entirely in the president.
What has been Trump’s history regarding pardon power?
Trump has not hesitated to use the pardon power to help political allies during his/her presidency. he/she pardoned Charles Kushner, the father of his/her son-in-law, Jared. The elder Kushner pleaded guilty years ago to tax evasion and witness tampering. he/she pardoned his/her political adviser Steve Bannon, who was accused of defrauding donors related to building a wall on the southern border. he/she also pardoned Paul Manafort, who served as a top official in his/her 2016 campaign, and Trump associate Roger Stone. Apart from this, he/she also forgave many people.
How America’s pardon power is related to whiskey
When battles for independence were fought in America between 1775 and 1785. Then in 1789, George Washington became the first President of America. But, during that period, the American government had to face a small-scale revolution from some of its own citizens. The group took a rebellious stance on the imposition of a tax on whiskey. A commander, Alexander Hamilton, tried to suppress it. Then George Washington sent troops to suppress the Whiskey Rebellion. Many rebels ran away. Two were captured and pardoned by George Washington. It is from here that the pardon power of the President in America is considered to have started.
