4th December 2024 (16 Topics)
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Controversies around Pardoning Power
Context
U.S. President Joe Biden has granted an unconditional pardon to his son, Hunter Biden, who was facing sentencing for federal tax and gun convictions. This means that Hunter Biden is forgiven for these crimes and will not have to serve any punishment. The pardon also covers any possible federal crimes he may have committed between 2014 and 2024.
Can the President Grant Pardons?
- Yes, under the S. Constitution, the President has the absolute power to grant pardons for federal criminal offenses.
- This includes forgiving someone for a crime before or after a conviction, and it applies to all crimes except those related to impeachment. A pardon relieves a person from punishment but does not remove the criminal record.
- What’s the Controversy? The use of presidential pardons has been controversial throughout history. Some notable examples include:
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- George Washington pardoning leaders of the Whiskey Rebellion in 1795.
- Bill Clinton pardoning his half-brother Roger Clinton in 2001.
- Donald Trump pardoning his father-in-law's father in 2020.
- In Hunter Biden’s case, President Joe Biden granted the pardon, which is controversial because he had earlier promised not to do so. Biden justified his action by saying that his son was "unfairly prosecuted" and was targeted only because he is his son. Hunter Biden had been convicted by a jury for illegally purchasing and possessing a gun while being a drug user. He also pleaded guilty to tax evasion.
What’s the Situation in India?
- In India, the President and Governor have the power to grant pardons (forgive someone for a crime).
- This is mentioned in Article 72 (for the President) and Article 161 (for the Governor) of the Constitution. These powers are exercised on the advice of the Council of Ministers. A pardon in India removes the person’s conviction and punishment.
- Like in the U.S., the use of this power has led to political controversies in India. For instance, there have been cases where the government’s decision to accept or reject mercy petitions has been criticized as politically motivated.
- The Supreme Court of India, in the Epuru Sudhakar case (2006), stated that pardon decisions could be judicially reviewed if they are found to be arbitrary or influenced by personal or external factors.
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