Indian Polity · Polity
Which of the following statements correctly distinguishes between the clemency powers of the President of India and the President of the United States as per their respective constitutional frameworks and judicial interpretations?
- 1The President of India's clemency powers are limited to cases where convictions occur under central laws, while the President of the USA can grant clemency only in cases tried by state courts.
- 2Both Presidents can grant pardons only on the advice of the Council of Ministers or Cabinet, ensuring executive accountability.
- 3The President of India's clemency powers under Article 72 are subject to judicial review regarding the procedure followed, while the President of the USA's pardon power under Article II, Section 2 of the U.S. Constitution is absolute and not reviewable by courts for federal offenses.✓
- 4The President of India can grant clemency only in cases involving sentences of death, whereas the President of the USA has unlimited power to pardon any federal offense including civil cases.
Correct answer
The President of India's clemency powers under Article 72 are subject to judicial review regarding the procedure followed, while the President of the USA's pardon power under Article II, Section 2 of the U.S. Constitution is absolute and not reviewable by courts for federal offenses.
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