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What is the constitutional basis of pardon?

The power to pardon, which is a form of executive clemency, is given to the President under
Section 19, Article VII of the Constitution. It reads:

Except in cases of impeachment, or as otherwise provided in this Constitution, the President may
grant reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by
final judgment.

He shall also have the power to grant amnesty with the concurrence of a majority of all the
members of the Congress.

What is the definition of "right of legation"?


Quick Answer

The right of legation is the right that a state has to send a diplomatic mission to a foreign
state. The right of legation also covers the right to receive diplomatic missions from other states.

A state also has the right of diplomatic intervention, meaning if an envoy from a foreign country
is considered to be suspicious, the receiving state has the right to decline the entry of the envoy.
No legal liability is incurred by the state for refusing to send or receive diplomatic
representatives. Because this right remains on a common consent level, it is not considered a
natural right. Many states have no interest in receiving diplomats from other foreign states.


1.Amnesty is absolution and forgetfulness of an offence whereas a pardon is termed as pity and
2.When a pardon is given to only individuals, amnesty is given to a group of individuals.
3.Amnesty may be given to persons who have not faced a trial and been convicted. On the contrary,
a pardon is given to persons who have been convicted.
4.Amnesty has been mainly used as a political means to address certain issues of national
5.When looking at amnesty, it can be traced to Roman and Greek laws. The first amnesty can be
said to be a political amnesty during the civil wars in Athens in 403 BC. Pardons have been derived
from the English system.
6.In pardons, the criminal record of an individual is not wiped out as a court has already convicted
that person.
Pacta sunt servanda is a latin term which means agreements must be kept. It is the principle in
international law which says that international treaties should be upheld by all the signatories. The rule
of pacta sunt servanda is based upon the principle of good faith.

Rebus Sic Stantibus

A tacit condition attached to all treaties to the effect that they will no longer be binding as soon as the
state of facts and conditions upon which they were based changes to a substantial degree.

rebus sic stantibus

‘in these circumstance’, in public international law the doctrine that considers a treaty as being no longer
obligatory if there is a material change in circumstances.