Hunter Biden’s Pardon Sparks Debate on Presidential Clemency Powers in India
The recent decision by U.S. President Joe Biden to issue a “full and unconditional pardon” for his son, Hunter Biden—facing sentencing for firearm possession while using drugs and tax-related offenses—has reignited discussions on the extent of presidential pardon powers in India.
Understanding the President’s Pardon Power in India
Constitutional Provisions
Under Article 72 of the Indian Constitution, the President of India is empowered to grant pardons, commute or remit sentences, grant respites, or suspend sentences in cases involving:
- Convictions by a Court Martial.
- Sentences of capital punishment (death sentences).
- Offenses under Union laws.
Significance
This power ensures that the President can intervene to correct potential judicial errors or provide clemency in cases warranting humanitarian considerations.
Limitations
The President’s clemency powers are not absolute and must be exercised based on the advice of the Council of Ministers.
Landmark Supreme Court judgments have outlined the boundaries of this authority:
- Maru Ram vs. Union of India (1980): The Supreme Court held that the power to grant pardons must be exercised fairly, reasonably, and without arbitrariness to uphold justice and balance.
- Kehar Singh v. Union of India (1988): While the President’s pardoning power is independent of the judiciary, the Supreme Court ruled that it can be reviewed to ensure adherence to procedural fairness and constitutional principles, though not the merits of the decision itself.
Types of Clemency
| Type | Definition |
|---|---|
| Pardon | Erases both the conviction and sentence, absolving the individual of all punishments. |
| Commutation | Replaces a punishment with a lesser form of penalty. |
| Remission | Reduces the sentence’s duration without altering its nature. |
| Respite | Awards a lesser sentence due to special circumstances like pregnancy or disability. |
| Reprieve | Temporarily delays execution to allow time for pardon or commutation petitions. |
Governor’s Pardon Power Under Article 161
The governor of a state has similar clemency powers under Article 161 but with certain limitations:
- The Governor can pardon, commute, or remit sentences for offenses under state laws.
- However, the governor cannot pardon a death sentence. The President holds the exclusive authority to do so.
- Unlike the President, the Governor cannot exercise clemency in cases involving court martial convictions.
Comparing Presidential Pardon Powers: India vs. the U.S.
In the United States, the Constitution empowers the President to “grant reprieves and pardons for Offences against the United States, except in cases of impeachment.” This authority applies exclusively to federal crimes and does not extend to state-level offenses or impeachment proceedings.
While the Indian President’s powers are constitutionally derived and subject to ministerial advice, the U.S. President exercises clemency independently for federal offenses, making the process significantly different.
Hunter Biden’s pardon has drawn attention to how constitutional frameworks handle presidential clemency worldwide, providing a lens to examine the balance between authority and accountability in governance.
