Astha JainAIR 9 · CSE 2025 · 271 wordsTheir whole copy
Opening
India has a parliamentary system wherein president is the nominal head of state. US has presidential system wherein he is the real head.
Many substantial differences exist b/w both
| | Clemency Powers | | |---|---| | US | India | | a) US president has complete authority to decide on pardon/commute etc. | a) Indian Pres act on the advise of COM not otherwise | | b) Powers: can pardon death sentence, even military orders etc.. | b) A.72 → power to commute, remit respite, and pardon .. |
| c) Prez is the final authority, can't be questioned | c) Can be under judicial review in exceptional cases |
|---|---|
| d) Vested with real & wide pws to ensure judicial correction scope | d) Not real only nominal as PM act as real head and he advises |
| US | Other differences | India |
|---|---|---|
| Prez - less legitative power, full executive powers, chose VP | → | Legislative, executive, judicial emergency powers |
Body · points and prose
Similarities
→ a) Both can pardon death sentence → b) Both can pardon sentences of military tribunals → c) Can commute, remit also
Vesting clemency pwr in Executive
Positives
- Ensure checks on judicial powers & scope for correction.
- Gives executive discretion to ensure complete justice.
- Checks & balances between diff. organs of state.
- Ensure accountability of executive towards ensuring justice.
Negative
- Against separation of powers.
- → potential for misuse of power.
- Politisation chances as executive can use it for political gains.
- Hamper judicial independence & undermine its authority by revising its judgement.
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