PARDONING POWER

President Joe Biden granted an unconditional pardon to his son, Hunter Biden, for tax and gun offenses.

This action contradicted Biden’s earlier statements that he would not pardon his son.
Critics argue the pardon was politically motivated, benefiting Biden’s son and undermining public trust in the justice system.

Pardoning Power of the President of USA

Constitutional Basis: The U.S. President’s pardoning power is granted by Article II, Section 2 of the U.S. Constitution, allowing the President to grant pardons and reprieves for federal offenses, except in cases of impeachment.
Scope:

- Federal Offenses: Can pardon for crimes against federal law.
- Pre-Conviction Pardons: Can issue pardons before or after a conviction.
- Exemption from Impeachment: Cannot pardon in impeachment cases.

- Pardon: Removes conviction, punishment, and legal disqualifications.
- Commutation: Reduces the severity of a sentence but does not erase the conviction.
- Reprieve: Delays the execution of a sentence temporarily.

Pardoning Power of the President of India

Constitutional Basis: Article 72 empowers the President to grant pardons, reprieves, respites, remissions, suspensions, or commutations in cases involving:

- Offences Against Union Law (Central Government laws).
- Court Martial (military court sentences).
- Death Sentences.

- Pardon: Removes both sentence and conviction, absolving all punishments and disqualifications.
- Commutation: Substitutes a harsher punishment with a lighter one (e.g., death sentence to imprisonment).
- Remission: Reduces the sentence duration without changing its nature.
- Respite: Reduces the sentence due to special circumstances (e.g., disability or pregnancy).
- Reprieve: Temporarily suspends a sentence to allow time for seeking pardon or commutation.

Pardoning Power of the Governor of a State

Constitutional Basis: Article 161 empowers the Governor to grant pardons, reprieves, respites, remissions, or to suspend, remit, or commute sentences for offenses under State law.
Differences from the President’s Power: The Governor’s pardoning power applies only to State laws and does not extend to Union laws or Court Martial cases.

Comparison of Pardoning Power of the President and Governors

Power	President	Governor
Scope of Power	Can pardon, reprieve, respite, remit, suspend, or commute the punishment or sentence for offences against Union law.	Can pardon, reprieve, respite, remit, suspend, or commute the punishment or sentence for offences against State law.
Death Sentence	The President can pardon a death sentence and is the only authority to do so.	The Governor cannot pardon a death sentence but can only suspend, remit, or commute it.
Court Martial	The President can grant pardon, reprieve, respite, suspension, remission, or commutation for sentences by a Court Martial (military courts).	The Governor does not have the authority to grant pardons for sentences imposed by a Court Martial.