History of Pardoning Power in the U.S.
- Origins: Derived from the British ‘royal prerogative of mercy,’ used historically to grant clemency.
- U.S. Constitution: Grants the President absolute power to pardon federal criminal offenses, except in cases of impeachment.
Current Controversy
- Hunter Biden’s Pardon: President Joe Biden granted an unconditional pardon to his son for federal tax and gun convictions, sparking controversy due to previous promises not to pardon him.
- Historical Context: Pardoning power has been controversial, with notable instances including George Washington’s pardon of ‘whiskey rebellion’ leaders and Bill Clinton’s pardon of his half-brother.
Indian System
- Constitutional Provisions: Articles 72 and 161 grant the President and Governor the power to pardon, commutation, remission, respite, or reprieve.
- Judicial Review: The Supreme Court allows judicial review of pardoning power on grounds of arbitrariness or extraneous considerations.
Way Forward
- Modern Criticism: Pardoning power is often seen as politically motivated rather than correcting judicial errors.
- UK Example: The Criminal Cases Review Commission investigates miscarriages of justice, reducing reliance on the royal prerogative of mercy.
- Exercise of Power: Must be transparent and free from nepotism to maintain public trust in democratic institutions.
