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U nited States President Joe Biden’s recent decision to pardon his son Hunter Biden for any federal crimes he committed or may have committed between January 1, 2014, and December 1, 2024 has brought renewed focus on the expansive clemency powers granted to the President by the U.S. Constitution. The President’s volte-face has provoked strong condemnation from both Republicans and Democrats. Should the executive possess clemency powers? Sanjay Hedge and Alok Prasanna Kumar discuss the question in a conversation moderated by Aaratrika Bhaumik . Edited excerpts: Should the executive power of clemency rest with the legislature to avert misuse? Sanjay Hegde: Vesting clemency powers in the legislature could prove equally susceptible to corruption and majority rule. Historically, the power to pardon originated from the British monarchy as an attribute of sovereignty, enabling the king to absolve any wrongdoing. Even today, the Constitution acknowledges scenarios where it is imperative to trust a high officeholder to judiciously exercise such discretionary authority when required. Also read | Biden commutes roughly 1,500 sentences and pardons 39 people in biggest single-day act of clemency Alok Prasanna Kumar: I agree. During the debates on the U.S. Constitution, Alexander Hamilton, the first Secretary of the Treasury, acknowledged that the exercise of clemency is inherently political and cannot be reduced to a purely legal process. He argued that this power should be vested in a single constitutional officeholder, instead of being subjected to the whims of collective discretion. He also pointed out that the power of pardon introduced an element of mercy, which he believed was necessary to temper the rigours of the criminal justice system. He saw it as a means for true justice to prevail in cases where the law could not account for circumstances or moral factors beyond the scope of judicial proceedings. Should an independent clemency commission replace the existing system to ensure more objective and informed decision-making? Alok Prasanna Kumar: Even if an independent clemency commission were established, its advice would not be binding on the President. While the President may seek a range of information to make a reasoned decision, as former President Harry Truman famously stated, “the buck stops here.” Transparency is important, and in today’s age of social media and a free press, the public will likely be aware of the reasons behind a presidential decision. However, that does not guarantee that every decision will be immediately acceptable to the public at large. What are the controversies around pardoning power? | Explained Sanjay Hegde: The public doesn’t always agree with clemency decisions. One of the most notable examples is when U.S. President Gerald Ford pardoned his predecessor, Richard Nixon. He believed that the country had endured enough during the Watergate scandal and that the matter should be put to rest, as Nixon had already been punished by losing the presidency. He felt that a criminal trial would only prolong the nation’s agony. At the time, special prosecutor Leon Jaworski chose not to challenge this decision. In contrast, the clemency system in India has not been widely abused. Former Presidents such as A.P.J. Abdul Kalam and Pratibha Patil have only sat on files, exercising a pocket veto whenever they disagreed with government advice. The pardon jurisdiction for non-capital offences has rarely been exercised. Would expanding the scope of judicial review over executive clemency decisions prevent potential overreach or misuse? Sanjay Hegde: I don’t think the U.S. will ever adopt such a system. President-elect Donald Trump has expressed an inclination to pardon rioters involved in the January 6, 2021, Capitol attack. There are also speculations that President Biden may pre-emptively pardon several individuals before he demits office. I doubt the judiciary will step in to second-guess the President’s authority in these matters. In India, both the President and the Governor act on the aid and advice of the Cabinet. In fact, the Supreme Court in Epuru Sudhakar v. State of Andhra Pradesh (2006) affirmed that a Governor’s grant of pardon could be challenged in court if it was found to be mala fide or based on irrelevant considerations. Alok Prasanna Kumar: I don’t believe that clemency decisions can be judicially reviewable. The concept of mercy is inherently subjective, and there cannot be one inalienable understanding of it. We also have to understand that constitutional functionaries inevitably bring their personal biases to bear on these decisions. While courts, as seen in India, may intervene in instances of procedural violations, there are no definitive legal benchmarks to determine what constitutes an appropriate exercise of clemency. Ultimately, it is unreasonable to assert that mercy should have one fixed meaning under the Constitution, or that clemency should be confined to a specific category of political cases. Should U.S. Congress play a greater role in the process? For instance, the Protecting Our Democracy Act, reintroduced in Congress last year, mandates the White House disclose all materials the President relies on when exercising clemency powers. Sanjay Hegde: Even if Congress were to pass a law, it could only serve to guide the process. Clemency powers are unique — they speak to the inherent humanity shared by both the one who grants mercy and the one who receives it. There may be cases where a penalty has been imposed and the legal process is complete, yet new evidence emerges that calls for reconsideration. It is impossible to legislate strict standards, especially since they would never be binding. We have seen this discretionary authority play out when President Andrew Johnson pardoned Dr. Samuel Alexander Mudd, the physician who treated John Wilkes Booth’s broken leg after he assassinated Abraham Lincoln. Alok Prasanna Kumar: No law can entirely prevent its misuse. If someone in a position of authority is determined to break the law, there is little the law itself can do to stop them. While mechanisms can be put in place to ensure that such actions have stringent repercussions, total prevention is impossible to attain. For instance, we see police officers routinely abuse their powers of arrest. When it comes to clemency, defining what constitutes abuse or misuse is challenging, especially when the power itself is not clearly defined. For example, in 20 years, one might argue that granting clemency to Hunter Biden was one of the best decisions made by Joe Biden. We lack the foresight to deem such decisions egregiously wrong at this moment. What reforms are necessary in India’s clemency process, and what lessons can be drawn from the Hunter Biden case? Sanjay Hegde: Given the nature of the power, one can at best have guidelines. However, ultimately executive discretion has to be trusted. We have seen our former Presidents exhibit varied views regarding the death penalty. One can also see how gubernatorial discretion played out in the release of A.G. Perarivalan, one of the convicts in the Rajiv Gandhi assassination case. The Governor obstructed his release despite the Tamil Nadu government’s recommendation. Ultimately, the Supreme Court had to intervene and order his release. The use of clemency powers in the case also signified the closing of a long and painful chapter. While public curiosity may lead to second-guessing these decisions, it is often not in the greater public interest to do so. Alok Prasanna Kumar: I believe comprehensive reforms are needed in the system of release of convicts. The Supreme Court is already cognisant of a batch of petitions on this issue. We need to prioritise reformative justice. Reformation is only achievable when individuals are given the assurance that, through good behaviour and genuine repentance, they may earn an early release — serving, for instance, seven years instead of 14. While these convicts have been incarcerated for legitimate reasons, the state must focus on their rehabilitation, as some of them have the potential to become valuable members of society. We should expedite processes like parole and remission, ensuring mercy extends beyond just death penalty cases. Listen to the conversation in The Hindu Parley podcast Sanjay Hegde, Senior advocate based in Delhi; Alok Prasanna Kumar, Co-founder and Karnataka lead of Vidhi Centre for Legal Policy Published - December 13, 2024 01:07 am IST Copy link Email Facebook Twitter Telegram LinkedIn WhatsApp Reddit government
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In conclusion, the recent decrease in consumer prices in Beijing, particularly in food prices, highlights the complex and interconnected nature of the economy. By understanding the underlying factors driving these price changes and taking appropriate actions, stakeholders can work towards ensuring a stable and prosperous economic environment for all.
This unfortunate turn of events has not only raised alarm within the local community but has also reignited discussions on the importance of proper health and safety measures in public establishments. Many are now questioning the regulatory oversight of such businesses and are calling for stricter guidelines to prevent similar incidents from occurring in the future.Intrigued by his philosophical response, I prodded further. "But isn't it risky for someone of your age to crawl through such a narrow space? What if you were to get stuck?"
Title: Full Throttle! Three Major Signals of Policy Reversal as "Loose" Mentioned for the First Time in 14 Years
The Amazon Global Store Cross-border Summit recently made its first appearance in Jiangsu, marking a significant milestone in the global e-commerce industry. Organized by Amazon, the world's largest online retailer, the summit attracted retailers, brands, and industry professionals from across the globe to exchange insights and explore opportunities in cross-border e-commerce.Araujo, who has been a key player for Barcelona in recent seasons, suffered a serious injury during a match earlier this year. The setback not only affected the team's performance but also resulted in financial losses for the club. With Araujo being out of action for an extended period, Barcelona had to rely on alternative options, leading to increased pressure on the remaining squad members.
