Power of Pardon: India keeps it rare, the US does it more
In September, Hunter Biden pleaded guilty to federal tax charges in federal court in Los Angeles and was due to be sentenced December 16 under Mark C. Scarsi, a judge nominated by Republican President-elect Donald Trump.
This renewed interest in pardoning authority highlights how it differs between the US and India.
How the US President’s power works
The US president’s clemency authority comes from Article II, Section 2, Clause 1 of the Constitution, allowing pardons for federal crimes, except impeachment cases. A presidential pardon provides relief from penalties and punishments but doesn’t erase convictions from the criminal record or protect against civil lawsuits.
Acceptance of a pardon, as established in Burdick vs United States (1915), implies an admission of guilt. Pardoned individuals regain certain rights, like voting or holding office, depending on state laws, but they remain vulnerable to investigations into related matters.
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