Presidential pardon, a crucial and praiseworthy step, exists in many countries. Presidential pardon — a power granted to the President to forgive individuals for various crimes — has various positive impacts. This power can be used to restore civil rights, provide a second chance for individuals who have served their time to correct themselves and promote the reintegration of individuals involved in divisive political issues or events into society that are beneficial for human development. According to multiple sources including the BBC and CNN, the presidential pardon exists in many authoritarian and democratic countries around the world including, but not limited to the United States, Hungary, the Philippines, Nigeria and India. But the presidential pardon is not beyond criticism.
It is notable that there are various concerns with the presidential pardon, which has a long past. This undermines the principle of equality before the law and the judiciary and deprives the victims. Additionally, there is an abuse of power and a lack of transparency in the process of the presidential pardon, which often undermines the principle of equality before the law and questions the notions of justice in different countries. It is often perceived as being used for political gain or to protect allies, rather than for genuine reasons of justice or mercy, eroding public trust in government. Additionally, there is unequal application of the scope or limited scope to apply for the presidential pardon. The presidential pardon is applied for less than needed in many countries.
Hopefully saying, various steps are taken to address concerns with presidential pardon — an expression of forgiveness given in different countries regardless of political systems or religious ideologies — leading to better outcomes and fair pardons. Different countries implement stricter guidelines for pardon eligibility (including the severity of the crime and good conduct for a significant period of time after conviction) and increase transparency in the pardon process, leading to a better pardon process. The United States, for instance, has implemented a board or commission to rigorously review and recommend pardon applications to the President. Among others, different countries also create an independent oversight committee to review and recommend pardons, increasing transparency many times.
But there are various limitations in the steps of addressing the concerns with the presidential pardon, which is often offered to shorter sentences for non-violent or social offenses while offenses like murder, rape, and terrorism are often excluded, in many countries. The steps are less to address the lack of transparency in the pardon process, the potential for the abuse of power for politically motivated reasons and inconsistency in criteria for granting pardons. Additionally, and importantly, there is a lack of clear guidelines or strict oversight mechanisms to make sure that the presidential pardon process is fair and just and is used for those who deserve it.
Pertinently saying, even if the presidential pardon is criticized for undermining the rule of law, it provides a second chance for individuals with criminal records and increases the chance of correcting themselves — facilitating their human development many times. It is desired that steps be taken to address the concerns with the presidential pardon. For this, implementing stricter eligibility criteria for pardon recipients, increasing transparency in the pardon process to ensure fair pardon and prevent the abuse of power are vital for sure. Creating an independent oversight committee to review and approve pardon applications can help ensure transparency and fairness in the process.
Though transparency is desired in the pardon process, providing the scope of pardoning a certain number of convicted individuals with without any rigorous process may not be unreasoned always and may be beneficial many times. Also, the use of the presidential pardon is desired to be increased. The more uses of the presidential pardon will provide the scope to more people, especially those who are willing to correct themselves, for their social integration and development.