Note4Students
From UPSC perspective, the following things are important :
Prelims level: Indian and USA Constitution; President;
Why in the News?
U.S. President Joe Biden has issued an unconditional pardon to his son, Hunter Biden, who was facing sentencing for federal tax and gun-related convictions.
What is the history of the pardoning power in the U.S.?
- Constitutional Basis: The U.S. Constitution grants the President the power to grant pardons for federal offenses under Article II, Section 2, which states that the President can “grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment”.
- Historical Use: This power has been exercised by every president since George Washington. Notable historical examples include George Washington’s pardon of participants in the Whiskey Rebellion and Bill Clinton’s pardon of his half-brother Roger on his last day in office.
- Controversial Pardons: The pardoning power has often been mired in controversy, with instances such as Donald Trump pardoning his son-in-law’s father and Joe Biden now pardoning his son Hunter. These actions have raised questions about nepotism and pthe olitical motivations behind such decisions.
What is the current controversy?
- Hunter Biden’s Pardon: President Joe Biden granted an unconditional pardon to his son Hunter for federal tax and gun convictions.
- This decision has sparked significant backlash from both Republicans and some Democrats, who view it as an abuse of power and a contradiction to Biden’s earlier statements that he would not intervene in his son’s legal matters.
- Political Motivations: Biden defended his decision by claiming Hunter was unfairly prosecuted due to political motives. Critics argue that this reflects a broader pattern of using presidential pardons for personal or political gain, undermining public trust in the justice system 37.
What is the Indian system?
|
Way Forward
- Need for Reform: Critics argue that modern uses of pardoning powers often serve political interests rather than justice. There is a call for reform to ensure that these powers are exercised transparently and judiciously.
- Establishing Review Mechanisms: Learning from practices in other democracies, such as the UK’s Criminal Cases Review Commission, which investigates alleged miscarriages of justice, could help establish a more systematic approach to reviewing pardons and clemency applications 6.
- Maintaining Public Trust: It is crucial for any future exercise of pardoning power to be conducted without perceptions of nepotism or bias.
Mains question for practice:
Q Discuss the constitutional provisions related to the exercise of pardoning power in the U.S. and India. (150 words) 10M
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
