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Pardoning Powers of President

Last updated on January 11, 2023 by ClearIAS Team

Under the Indian Constitution, Article 72 empowers the President to grant pardons to persons.

The pardoning powers of the President are executive power and are independent of the Judiciary. The President while exercising all pardoning power, does not sit as a court of appeal.

Table of Contents

Pardoning Powers of the President

The President grants pardons to persons who have been tried and convicted of any offense in all cases where the:

• Punishment or sentence is for an offense against a Union Law or the offense made under Concurrent Lists (A regards laws made under Concurrent Lists , the jurisdiction of the President shall be concurrent with that of Governor)
• Punishment or sentence is by a court martial (military court); and
• The sentence is a sentence of death

Why President is Conferred with Pardoning Power?

There are twofold reasons for conferring this power on the President:

• To keep the door open for correcting any judicial errors in the operation of law; and,
• To afford relief from a sentence, that the President regards as unduly harsh.

When President can Exercise Pardoning Power?

The power of the President under Article 72 of the Constitution to grant emission to a convict has to be exercised on the advice of the Council of Ministers (UoI vs Sriharan 2016 Case).

Process of Granting Pardon

• The process starts with filing a mercy petition with the President under Article 72.
• Such a petition is required to send to the Ministry of Home Affairs for consideration.
• The abovementioned petition was then discussed by the Home Ministry in consultation with the concerned State Government.
• After the consultation, recommendations are made by the Home Minister and then the petition is sent back to the President .

The pardoning power of the President includes the following:

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Pardon: It removes both the sentence and the conviction and completely absolves the convict from all sentences, punishments and disqualifications.

Commutation: It denotes the substitution of one form of punishment for another of a lighter form. For example, a death sentence may be commuted to rigorous imprisonment, which in turn may be commuted to simple imprisonment.

Remission: It reduces the period of the sentence without changing its character e.g. a sentence of imprisonment for 1 year may be remitted to 6 months.

Respite: It means awarding a lesser sentence instead of one originally awarded due to some special fact, e.g. the physical disability of a convict or the pregnancy of a woman offender.

Reprieve: It implies a stay of the execution of a sentence (especially that of death) for a temporary period. Its purpose is to enable the convict to have time to seek pardon or commutation from the President.

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Difference Between Pardoning Power of President and Governor

The Constitution, under Article 161 provided that the governor of a state also possesses the pardoning power.

Hence, the governor of a state can also grant pardons, reprieves, respites and remissions of punishment or suspend, remit and commute the sentence of any person convicted of any offence against state law.

The pardoning power of the governor differs from that of the President in the following two respects:

• The President can pardon sentences of court-martial (military courts) while the governor has no such power related to sentences of court-martial.
• The President can pardon the death sentence while the governor cannot do the same. Even if a state law prescribes a death sentence, the power to grant a pardon lies with the President and not with the governor. However, the governor has the power to suspend, remit or commute a death sentence. In other words, both the governor and the President have concurrent power in respect of suspension, remission and commutation of a death sentence.

Principles Laid Down by Supreme Court Related to Pardoning Powers

The Supreme Court examined the pardoning power of the President under different cases like Kehar Singh’s Case and Maru Ram’s Case, and laid down the following principles:

• The convict seeking relief has no right to insist on an oral hearing.
• No guidelines need to be laid down by the Supreme Court for the exercise of the power.
• The power is to be exercised by the President on the advice of the Central Government.
• The President can go into the merits of the case and take a different view.
• Exercise of the power by the President is not open to judicial review, except to the limited extent as indicated in Maru Ram’s case,
• President is not bound to give reasons for his order.
• The President can afford relief not only from a sentence that he regards as unduly harsh but also from an evident mistake.
• Where the earlier petition for mercy has been rejected by the President, a stay cannot be obtained by filing another petition.

The Court can interfere only where the Presidential decision is wholly irrelevant to the object of Article 72 or is irrational, arbitrary, discriminatory or mala fide. The power exercised under Article 72/161 of the Constitution can be subjected to limited judicial review. This power of clemency is to be exercised cautiously and in appropriate cases, which in effect, mitigate the sentence of punishment awarded and which do not, in any way wipe out the conviction.

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However, the delay in deciding the mercy petitions under Articles 72 and 161 has come under heavy criticism by the Supreme Court. The Supreme Court, while taking note of the contemporary jurisprudential development with regard to delay in the execution of the death sentence, commuted the death sentence into life imprisonment.

The fact that no time limit is prescribed to the President/Governor for disposal of the mercy petition. The government is required to work in a more systematised manner to repose the confidence of the people in the institution of democracy and as such the Supreme Court suggested the government to render its advice to the President within a reasonable time so that the President is in a position to arrive at a decision at the earliest.

Article Written By: Priti Raj

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Pardoning Powers of President (Article 72) - Indian Polity Notes

Article 72 of the Indian Constitution deals with the pardoning powers of the President of India. When the President of India takes action over the case of punishment or the sentence of any person convicted for an offence, it takes the form of his pardoning powers. They are five types of pardoning power of President:

• Respite and

Aspirants can find information on the structure and other important details related to the IAS Exam , in the linked article.

The topic, ‘Pardoning Power of the President’ comes under Indian Polity (GS-II) of the IAS Exam and is important from the perspectives of all Prelims, Mains and Interview stages.

The candidates can read more relevant topics from the links provided below:

Pardoning Power of President – Introduction

• The Constitution of India conferred the power on the President of India and the Governors of the States by Articles 72 and 161 respectively.
• A pardon is an act of mercy, forgiveness, or clemency.
• The concept of pardon is an artefact of older times, of an age where an omnipotent monarch possessed the power to punish or remit any punishment.
• In India, the power to pardon is a part of the Constitutional scheme.
• The Power of pardon exists to prevent injustice, whether from harsh, unjust laws or from judgments which result in injustice; hence the necessity of vesting that power in an authority other than the judiciary has always been recognised.

When can the Pardoning Power of President be used?

The President can use any one of the pardoning powers in the cases mentioned below:

• When he is considering a case of punishment against a person who has committed an offence against a Union Law
• When he is considering a case of punishment where the latter is given by the court-martial or military court
• When he is considering a death sentence

What are the Pardoning Powers of the President?

As mentioned above, there are five types of Pardoning Powers of the President. Read about each below in the table:

Along with the pardoning power of the President, there also is ‘ Veto Power ,’ which an aspirant can read in the linked article.

The Pardoning Powers of the President are different from the Pardoning Powers of the Governor and you can read about them in the linked article.

Pardoning Powers of the President [UPSC Notes]:- Download PDF Here

Candidates can find the general pattern of the UPSC Exams by visiting the UPSC Syllabus page.

UPSC Preparation Links:

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Epuru Sudhakar & Anr vs Govt. Of A.P. & Ors

• Post author: LawFoyer
• Post published: 26 September 2021
• Post category: Case Analysis
• Post comments: 0 Comments
• Reading time: 18 mins read

By:- Khan Ahmad Darvesh

In the Supreme Court of India

In common parlance, to pardon means to forgive a person of his offence. The term ‘pardon’ has been defined as an act of grace, proceeding from the power entrusted with the execution of the law, which exempts the individual on whom it is bestowed upon, from the punishment the law inflicts for a crime he has committed. It affects both the punishment prescribed for the offence and the guilt of the offender.

In other words, grant of pardon wipes off the guilt of accused and brings him to the original position of innocence as if he had never committed the offence for which he was charged. Under Indian law, the President of India and the Governors of States have been given the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence. The law governing grant of pardon is contained in Articles 72 and 161 of the Constitution.

This is an answer to a writ petition filed, alleging that the grant of remission of the sentence of a convicted congress activist by the then Governor of Andhra Pradesh Sushil Kumar Shinde was illegal since relevant materials were not placed before the Governor and, that the impugned order was passed without the application of the mind. The legal issue in question is relating to the extent of judicial review over the power of pardon.

INTRODUCTION

This writ petition under  Article 32  of the Constitution of India, 1950 (in short the ‘Constitution’) is to the order passed by Government of Andhra Pradesh, represented by its Principal Secretary whereby Gowru Venkata Reddy-respondent No.2 was granted remission of unexpired period of about seven years imprisonment. GOMs. No.170 dated 11.8.2005 in this regard is challenged.

BACKGROUND OF THE CASE

The writ petition has been filed inter alia alleging that the grant of remission (described in the writ petition as grant of pardon) was illegal, relevant materials were not placed before the Governor, and without application of mind impugned order was passed. The recommendations made for grant of remission were based on irrelevant and extraneous materials. The factual scenario has not been placed before the Governor in the proper perspective. The sole basis on which respondent No.3 asked for pardon was alleged implication in false cases due to political rivalry. In view of this Court’s judgment holding the respondent No.2 guilty, the said plea could not have been even considered as a basis for grant of pardon. Since the grant of pardon is based on consideration of irrelevant materials and non-consideration of relevant materials the same is liable to be set aside.

FACTS OF THE CASE

Petitioner No.1 (Epuru Sudhakar) is the son of late Sh. Epuru Chinna Ramasubbaiah who was murdered along with another person on 19.10.1995. Petitioner No.2 claims to be the son of one late Sh. Tirupati Reddy who was allegedly murdered by respondent No.2 while he was on bail in the murder case of father of petitioner No.1.

In the case relating to the murder of late Sh. Epuru Chinna Ramasubbaiah and one Ambi Reddy, respondent No.2 faced trial and ultimately the matter came before this Court in Criminal Appeal Nos. 519-521 of 2003 which was disposed of by this Court by judgment dated 19.11.2003 and the conviction of respondent No.2 was altered from one under  Section 302  of the Indian Penal Code, 1860 to  Section 304(1)  read with  Section 109  IPC and custodial sentence of 10 years’ rigorous imprisonment was imposed. Conviction relating to some other sentences was maintained.

On 28.5.2003, the respondent No.3 wife of respondent No.2 submitted a representation for grant of parole to respondent No.2 and on 18.10.2003 parole was granted for a period of 15 days but the same was cancelled on 30.10.2003 by the State Government in view of the report sent by Superintendent of Police, Kurnool that on account of respondent No.2’s release on parole there was a likelihood of breach of peace and law and order if the respondent No.2 visits Nandikotkur Assembly Constituency.

Respondent No.3 contested the election to the Andhra Pradesh Assembly Election and on 12.5.2004 was elected as member of Legislative Assembly. On 14.5.2004 she made a representation for grant of parole to respondent No.2. Same was granted on 19.5.2004 and was extended from time to time. On 18.7.2004 fourth extension for 15 days was granted. On 10.10.2004 respondent No.3 made a representation to respondent No.1 seeking pardon to respondent No.2 by exercise of power under  Article 161  of the Constitution alleging that he was implicated in false cases due to political rivalry. On 18.10.2004 during the pendency of the petition for pardon, one month parole was granted.

On 11.8.2005 the Governor of Andhra Pradesh purportedly exercised power under  Article 161  of the Constitution and granted remission of the unexpired sentence of respondent No.2. Director General and Inspector General of Police (Correction Services) Andhra Pradesh were directed to take action for release of respondent No.2 and in fact on 12.8.2005 the Superintendent of Central Prison, Cherlapally, R.R. District directed release of respondent No.2.

ISSUE RAISED BEFORE THE COURT

• The legal issue in question is relating to the extent of judicial review over the power of pardon and is it misused?

ARGUMENTS FROM THE APPELLANT SIDE

• The learned counsel for the petitioner argued that the congressional activist who was convicted by the then governor of Andhra Pradesh, Sushil Kumar Shinde’s sentence immunity was illegal because the relevant materials were not submitted to the governor and the controversial order was Adopted under consideration.

ARGUMENTS FROM THE RESPONDENT SIDE

• The learned counsel for the defendant and defendants 2 and 3 strongly argued that the petition was the result of political retaliation. The Governor has considered all relevant materials, and the Governor is the high-level constitutional authority that approves the order to grant referrals. The petitioner allegedly confuses pardons and sentence reductions. This case has materials to be forwarded, and this hospital should not intervene. In view of the limited scope of judicial review, the order application should be rejected.
• The learned counsel for the defendant on the other hand, argued that although in Maru Ram v. Union of India & Others [1981 (1) SCC 107] [1] , the court had already pointed out certain advisory guidelines, they argued in Kehar Singh and Another v Union of No acceptance was found in India and another [1989 (1) SCC 204].

RELATED PROVISIONS

This case revolves around the provision of judicial power to grant pardon.

In India, the power to grant pardon is conferred upon the President of India and the Governors of States under Articles 72 and 161 of the Constitution of India.

Constitutional Provisions:-

• Article 72 [2] :

(1) The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence—

(a) in all cases where the punishment or sentence is by a Court Martial;

(b) in all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends;

(c) in all cases where the sentence is a sentence of death.

Thus, Article 72 empowers the President to grant pardons etc. and to suspend, remit or commute sentences in certain cases.

• Article 161 [3] :

Power of Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends

The Article deals with the power of the Governor to grant pardons, etc, and to suspend, remit or commute sentences in certain cases. The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends. Thus, this Article empowers the Governors of States to grant pardon, reprieves, respites or remissions of punishment or suspend, remit or commute the sentence of a person convicted of an offence against a law relating to a matter to which the executive powers of the State extends.

Pardon as a mode of mitigating the sentence of the accused has always been a controversial issue for a long time. Those who reject pardon as an effective measure of mitigating circumstances argue that the power to pardon is often misused by the executive. There is a possibility that the convict may procure his release from prison by exerting undue influence on the executive authority. To avoid these flaws, in most of the countries, there is a provision for judicial review of the pardon granted in the event of grounds for pardon being found unsatisfactory.

The Hon’ble Supreme Court first explained the reasons for the existence of administrative indulgence, pointed out that it was established to avoid injustice towards the convicted person and admitted that the criminal had seen his mistakes and society would not gain anything. His subsequent incarceration and his future behavior as an upstanding and law-abiding citizen. In addition, it alleviates the excessive rigor in the operation or execution of criminal justice by considering that the public welfare is the legal object of any sanction.

Another argument is that judicial enforcement by the court is not always wise or affirmative, which can adequately alleviate guilt. To provide remedies, governments and monarchies believe that powers beyond the courts must be granted, that is, the power to improve or avoid certain criminal convictions.

In England, this power takes the form of royal pardon privileges exercised by the monarch. It is generally exercised by the Secretary of the Interior for various reasons, mainly to avoid judicial errors, an act of grace. However, in the United States, leniency power is mainly regarded as a constitutional plan. When I came to India, this power was a constitutional responsibility and should be exercised with reasonable discretion.

The Hon’ble court next distinguished that the function of judicial power is to deliver justice and sentence criminals, and the function of executive power is to execute judgments. When the President exercises the power of pardon and examines the evidence that appears in the criminal case file and draws different conclusions on the guilt and punishment of the defendant; he shall not modify, change or replace judicial records in any way.

The ruling of the honourable court is still intact. Under constitutional power, the president exercises what is often called “benevolent jurisdiction.” This power is on a different level and is completely different from the judiciary, the former cannot be considered an extension of the latter. Therefore, the act of shortening the sentence through a presidential pardon is an exercise of executive power, limiting the judgment of the judicial department, but not eliminating it completely.

But does this mean that the administrative power to grant pardons is absolute and is not subject to any supervision by the judiciary? The decision cited a number of previous Supreme Court cases, which successfully attempted to answer whether the nature and subject matter of the president’s decision were suitable for court proceedings. The Supreme Court in Maru Ram v. The Federation of India believes that Article 72 “should not be exercised arbitrarily, maliciously or in complete disregard of the highest constitutional standards.” If the by-product cannot be recognized by law, you should contact the judiciary.

The case of Kehar Singh v. The Union of India [4] held that when the president exercises administrative leniency, he can learn the merits of the case, even though the Supreme Court has already made a judicial decision. However, the President’s order can only be subject to judicial review of its merits within the strict limits established in the Maru Ram case.

In Tata Cellular v. The Federal Court of India [5] held that when conducting judicial review of a presidential pardon, the court does not act as an appeal court because it lacks experience in correcting administrative decisions, but rather examines the way in which decisions are made. Worry about the only legality issue. If the president pardons a.) it is beyond its power, b.) it has committed a legal error, c.) it has violated the rules of natural justice, d.) it has made a decision that a reasonable court has arrived, and e .) Abuse of its power.

Therefore, in all of these cited cases, it can be proved that the court can conduct judicial review of the presidential pardon to correct unfair or arbitrary decisions. However, the scope is limited. The powers of the judiciary only apply when the order has been approved a.) Unintended application, b.) Failure to follow the recommendations of the Council of Ministers c.) This is dishonest d.) e.) Relevant materials are excluded Out of consideration and f.) Arbitrary materials.

What is the above situation, who decides that the presidential pardon falls into this situation? To answer this question, Judge Passayat took note of the opinion of Sir William Wade, a well-known academic lawyer, and confirmed that the wide range of wording in Article 72 cannot clarify the specific criteria for exercising this power because of facts and individual cases. case.

However, the doctrine that power should be exercised reasonably should be consistent with the doctrine that the court should not usurp the discretion of the president for pardons. Only within the scope of legal rationality can the president have real discretion. If you cross these restrictions, please take ultra vires action. Only in these cases will the court intervene and allow judicial review.

The order granting remission which is impugned in the petition is clearly unsustainable and is set aside. However, it is open to the respondent No.1 to treat the petition as a pending one for the purpose of re-consideration. It shall be open to the Governor to take note of materials placed before him by the functionaries of the State, and also to make such enquiries as considered necessary and relevant for the purpose of ascertaining the relevant factors otherwise. The writ petitions are allowed to the extent indicated above. No costs.

In a nutshell, the judgement is one of paramount importance as it answers whether judicial review over presidential pardon makes Article 72 redundant in the negative. A corpus of past Supreme Court cases suggests that, Presidential Pardon  is  amenable for Judicial Revision, though  limited  – only available when executive clemency surpasses the boundaries of legal reasonableness resulting out of the sheer balance between administrative and judicial power still evident today.

• https://www.lexquest.in/judicial-review-presidential-pardon-analysing-case-epuru-sudhakar-v-state-andhra-pradesh/
• https://indiankanoon.org/doc/758562/
• https://www.lawteacher.net/free-law-essays/administrative-law/power-to-pardon-an-analysis-law-essays.php

[1] Maru Ram vs Union of India and Ors, 1981 (1) SCC 107

[2] Constitution of India, 1950, Article 72

[3] Constitution of India, 1950, Article 161

[4] Kehar Singh vs Union of India, 1989 AIR 653, 1988 SCR Supl. (3) 1102

[5] Tata Cellular vs Union of India, 1996 AIR 11, 1994 SCC (6) 651

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Chronic wasting disease: Death of 2 hunters in US raises fear of 'zombie deer'

The recent report of two hunters who developed neurological diseases after eating infected deer meat has scientists concerned that 'zombie deer disease' could pass to humans as mad cow disease did..

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Critical reviews in the age of innovation raise some interesting questions.

To be clear, there was nothing wrong with Brownlee's review. Humane's AI Pin costs $700. Watering down his review to ease the blow would be a disservice to the millions of fans relying on his perspective before making such a significant purchase.

Too often, companies view potential customers as an extension of their research and development. They are happy to sell a product that is still a work in progress on the promise they'll fix it on the fly. ("Updates are coming!")

But in a world of instant gratification, it can be hard to appreciate that innovation takes time. 

Even Apple can run into this conundrum. Take the Apple Vision Pro. Reviewers are impressed with the technology behind the much-anticipated gadget — but are still struggling to figure out what they can do with it . Maybe, over time, that will get sorted out. It's also worth remembering how cool tech can be, as Business Insider's Peter Kafka wrote following a bunch of trips in Waymo's software-powered taxis in San Francisco . Sure, robotaxis have their issues, Peter said, but they also elicit that "golly-gee-can-you-believe-it" sense.

As for Humane, America loves a comeback story. Just look at "Cyberpunk 2077." The highly anticipated video game had a disastrous launch in 2020 , but redeemed itself three years later, ultimately winning a major award .

Still, Humane shouldn't get a pass for releasing a product that didn't seem ready for primetime, according to the reviews. 

And its issue could be bigger than glitchy tech. Humane's broader thesis about reducing screen time might not be as applicable. As BI's Katie Notopolous put it: " I love staring at my iPhone ."

3 things in markets

1. Goldman finally strikes gold. After a rough stretch, the vaunted investment bank crushed earnings expectations , sending its stock soaring. A big tailwind, according to CEO David Solomon, is AI spawning " enormous opportunities " for the bank. 

2. Buy the dip, Wedbush says. Last week's drop among tech stocks shouldn't scare away investors , according to Wedbush. A strong earnings report, buoyed by the ongoing AI craze, should keep them soaring, strategists said. But JPMorgan doesn't see it that way, saying prices are already stretched .   

3. China's economy beat analysts' expectations. The country's GDP grew 5.3% in the first quarter of 2024, according to data published by the National Bureau of Statistics on Tuesday. It's a welcome return to form for the world's second-largest economy, although below-par new home and retail sales remain a cause for concern .

3 things in tech

1. Amazon Prime Video viewers are giving up on its shows. Leaked documents show viewers are fed up with the streamer's error-ridden catalog system , which often has incomplete titles and missing episodes. In 2021, 60% of all content-related complaints were about Prime Video's catalog.

2. Eric Newcomer is bringing his Cerebral Valley AI Summit to New York. The conference, originally held in San Francisco, is famous for producing one of the largest generative AI acquisitions ever. Now, it's coming to New York in June .

3. OpenAI is plotting an expansion to NYC. Two people familiar with the plans told BI that the ChatGPT developer is looking to open a New York office next year. That would be the company's fifth office, alongside its current headquarters in San Francisco, a just-opened site in Tokyo, and spots in London and Dublin.

3 things in business

1. America's young men are spending their money like never before. From sports betting to meme coins, young men are more willing than ever to blow money in the hopes of making a fortune .

2. Investors are getting into women's sports. With women like Caitlin Clark dominating March Madness headlines, investors see a big opportunity. BI compiled a list of 13 investors and fund managers pouring money into the next big thing in sports.

3. Bad news for Live Nation. The Wall Street Journal reports that the Justice Department could hit the concert giant with an antitrust lawsuit as soon as next month. Live Nation, which owns Ticketmaster, has long faced criticism over its high fees.

In other news

Blackstone hires Walmart AI whiz to supercharge its portfolio companies .

Taylor Swift, Rihanna, Blackpink's Lisa: Celebrities spotted at Coachella 2024 . 

NYC's rat czar says stop feeding the pigeons if you want the vermin gone .

A major Tesla executive left after 18 years at the company amid mass layoffs .

Some Tesla factory workers realized they were laid off when security scanned their badges and sent them back on shuttles, sources say .

New York is in, San Francisco is very much out for tech workers relocating .

AI could split workers into 2: The ones whose jobs get better and the ones who lose them completely .

Oh look at that! Now Google is using AI to answer search queries .

A longtime banker gives a rare inside look at how he is thinking about his next career move, from compensation to WFH .

Clarence Thomas didn't show up for work today .

What's happening today

Today's earnings: United Airlines, Bank of America, Morgan Stanley, and others are reporting . 

It's Free Cone Day at participating Ben & Jerry's stores. 

The Insider Today team: Dan DeFrancesco , deputy editor and anchor, in New York. Jordan Parker Erb , editor, in New York. Hallam Bullock , senior editor, in London. George Glover , reporter, in London.

Watch: Nearly 50,000 tech workers have been laid off — but there's a hack to avoid layoffs

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This chapter reviews the strengths and limitations of case study as a research method in social sciences. It provides an account of an evidence base to justify why a case study is best suitable for some research questions and why not for some other research questions. Case study designing around the research context, defining the structure and modality, conducting the study, collecting the data through triangulation mode, analysing the data, and interpreting the data and theory building at the end give a holistic view of it. In addition, the chapter also focuses on the types of case study and when and where to use case study as a research method in social science research.

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Channaveer, R.M., Baikady, R. (2022). Case Study. In: Islam, M.R., Khan, N.A., Baikady, R. (eds) Principles of Social Research Methodology. Springer, Singapore. https://doi.org/10.1007/978-981-19-5441-2_21

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Case Study: How Aggressively Should a Bank Pursue AI?

• Thomas H. Davenport
• George Westerman

A Malaysia-based CEO weighs the risks and potential benefits of turning a traditional bank into an AI-first institution.

Siti Rahman, the CEO of Malaysia-based NVF Bank, faces a pivotal decision. Her head of AI innovation, a recent recruit from Google, has a bold plan. It requires a substantial investment but aims to transform the traditional bank into an AI-first institution, substantially reducing head count and the number of branches. The bank’s CFO worries they are chasing the next hype cycle and cautions against valuing efficiency above all else. Siti must weigh the bank’s mixed history with AI, the resistance to losing the human touch in banking services, and the risks of falling behind in technology against the need for a prudent, incremental approach to innovation.

Two experts offer advice: Noemie Ellezam-Danielo, the chief digital and AI strategy at Société Générale, and Sastry Durvasula, the chief information and client services officer at TIAA.

Siti Rahman, the CEO of Malaysia-headquartered NVF Bank, hurried through the corridors of the university’s computer engineering department. She had directed her driver to the wrong building—thinking of her usual talent-recruitment appearances in the finance department—and now she was running late. As she approached the room, she could hear her head of AI innovation, Michael Lim, who had joined NVF from Google 18 months earlier, breaking the ice with the students. “You know, NVF used to stand for Never Very Fast,” he said to a few giggles. “But the bank is crawling into the 21st century.”

• Thomas H. Davenport is the President’s Distinguished Professor of Information Technology and Management at Babson College, a visiting scholar at the MIT Initiative on the Digital Economy, and a senior adviser to Deloitte’s AI practice. He is a coauthor of All-in on AI: How Smart Companies Win Big with Artificial Intelligence (Harvard Business Review Press, 2023).
• George Westerman is a senior lecturer at MIT Sloan School of Management and a coauthor of Leading Digital (HBR Press, 2014).

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West Virginia confirms first measles case since 2009

FILE - This undated image made available by the Centers for Disease Control and Prevention on Feb. 4, 2015, shows an electron microscope image of a measles virus particle, center. A West Virginia hospital has identified the first case of measles in the state since 2009, health officials said Monday, April 22, 2024. (Cynthia Goldsmith/Centers for Disease Control and Prevention via AP, File)

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CHARLESTON, W.Va. (AP) — A West Virginia hospital has confirmed the first known case of measles in the state since 2009, health officials said Monday.

The Monongalia County Health Department said WVU Medicine alerted officials Sunday that an adult patient living in the county tested positive for the viral infection. Health officials have not pinpointed exactly where and how the patient was exposed but said the person had recently traveled abroad.

The patient — who was partially vaccinated against measles, having received one of two doses — had developed symptoms, sought medical treatment through the WVU Medicine system and was instructed to stay home while awaiting lab results.

One of the world’s most contagious diseases, measles can lead to potentially serious complications.

Dr. Brian H. Huggins, the county health department’s incoming health officer, said the department is working with the hospital to identify people who came into contact with the patient.

“We really want to emphasize that this is an illness that people should take very seriously,” Huggins said.

Nationwide, measles cases this year already are nearly double the total for all of 2023, raising health experts’ concerns about the preventable, once-common childhood virus. Health officials have confirmed measles cases in at least 17 other states so far this year, including cases in New York City, Philadelphia and Chicago.

The U.S. Centers for Disease Control and Prevention documented 113 cases as of April 5. There have been seven outbreaks and most U.S. cases — 73% — are linked to those flare-ups.

Still, the count is lower than some recent years: 2014 saw 667 cases and 2019 had 1,274.

Most U.S. cases are brought into the country by people who traveled where measles is far more common.

Huggins said West Virginia has not seen a case since 2009 largely due to its strict school vaccination laws. West Virginia is one of a handful of states that allows only medical exemptions to vaccine requirements.

Last month, Republican Gov. Jim Justice broke with West Virginia’s GOP-majority Legislature to veto a bill that would have allowed some students who don’t attend traditional public schools or don’t participate in sports and other group extracurricular activities to be exempt from vaccinations typically required for children.

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• J Can Chiropr Assoc
• v.52(4); 2008 Dec

Guidelines to the writing of case studies

Dr. brian budgell.

* Département chiropratique, Université du Québec à Trois-Rivières, 3351, boul des Forges, Trois-Rivières, Qc, Canada G9A 5H7

Dr. Brian Budgell, DC, PhD, JCCA Editorial Board

• Introduction

Case studies are an invaluable record of the clinical practices of a profession. While case studies cannot provide specific guidance for the management of successive patients, they are a record of clinical interactions which help us to frame questions for more rigorously designed clinical studies. Case studies also provide valuable teaching material, demonstrating both classical and unusual presentations which may confront the practitioner. Quite obviously, since the overwhelming majority of clinical interactions occur in the field, not in teaching or research facilities, it falls to the field practitioner to record and pass on their experiences. However, field practitioners generally are not well-practised in writing for publication, and so may hesitate to embark on the task of carrying a case study to publication. These guidelines are intended to assist the relatively novice writer – practitioner or student – in efficiently navigating the relatively easy course to publication of a quality case study. Guidelines are not intended to be proscriptive, and so throughout this document we advise what authors “may” or “should” do, rather than what they “must” do. Authors may decide that the particular circumstances of their case study justify digression from our recommendations.

Additional and useful resources for chiropractic case studies include:

• Waalen JK. Single subject research designs. J Can Chirop Assoc 1991; 35(2):95–97.
• Gleberzon BJ. A peer-reviewer’s plea. J Can Chirop Assoc 2006; 50(2):107.
• Merritt L. Case reports: an important contribution to chiropractic literature. J Can Chiropr Assoc 2007; 51(2):72–74.

Portions of these guidelines were derived from Budgell B. Writing a biomedical research paper. Tokyo: Springer Japan KK, 2008.

General Instructions

This set of guidelines provides both instructions and a template for the writing of case reports for publication. You might want to skip forward and take a quick look at the template now, as we will be using it as the basis for your own case study later on. While the guidelines and template contain much detail, your finished case study should be only 500 to 1,500 words in length. Therefore, you will need to write efficiently and avoid unnecessarily flowery language.

These guidelines for the writing of case studies are designed to be consistent with the “Uniform Requirements for Manuscripts Submitted to Biomedical Journals” referenced elsewhere in the JCCA instructions to authors.

After this brief introduction, the guidelines below will follow the headings of our template. Hence, it is possible to work section by section through the template to quickly produce a first draft of your study. To begin with, however, you must have a clear sense of the value of the study which you wish to describe. Therefore, before beginning to write the study itself, you should gather all of the materials relevant to the case – clinical notes, lab reports, x-rays etc. – and form a clear picture of the story that you wish to share with your profession. At the most superficial level, you may want to ask yourself “What is interesting about this case?” Keep your answer in mind as your write, because sometimes we become lost in our writing and forget the message that we want to convey.

Another important general rule for writing case studies is to stick to the facts. A case study should be a fairly modest description of what actually happened. Speculation about underlying mechanisms of the disease process or treatment should be restrained. Field practitioners and students are seldom well-prepared to discuss physiology or pathology. This is best left to experts in those fields. The thing of greatest value that you can provide to your colleagues is an honest record of clinical events.

Finally, remember that a case study is primarily a chronicle of a patient’s progress, not a story about chiropractic. Editorial or promotional remarks do not belong in a case study, no matter how great our enthusiasm. It is best to simply tell the story and let the outcome speak for itself. With these points in mind, let’s begin the process of writing the case study:

• Title: The title page will contain the full title of the article. Remember that many people may find our article by searching on the internet. They may have to decide, just by looking at the title, whether or not they want to access the full article. A title which is vague or non-specific may not attract their attention. Thus, our title should contain the phrase “case study,” “case report” or “case series” as is appropriate to the contents. The two most common formats of titles are nominal and compound. A nominal title is a single phrase, for example “A case study of hypertension which responded to spinal manipulation.” A compound title consists of two phrases in succession, for example “Response of hypertension to spinal manipulation: a case study.” Keep in mind that titles of articles in leading journals average between 8 and 9 words in length.
• Other contents for the title page should be as in the general JCCA instructions to authors. Remember that for a case study, we would not expect to have more than one or two authors. In order to be listed as an author, a person must have an intellectual stake in the writing – at the very least they must be able to explain and even defend the article. Someone who has only provided technical assistance, as valuable as that may be, may be acknowledged at the end of the article, but would not be listed as an author. Contact information – either home or institutional – should be provided for each author along with the authors’ academic qualifications. If there is more than one author, one author must be identified as the corresponding author – the person whom people should contact if they have questions or comments about the study.
• Key words: Provide key words under which the article will be listed. These are the words which would be used when searching for the article using a search engine such as Medline. When practical, we should choose key words from a standard list of keywords, such as MeSH (Medical subject headings). A copy of MeSH is available in most libraries. If we can’t access a copy and we want to make sure that our keywords are included in the MeSH library, we can visit this address: http://www.ncbi.nlm.nih.gov:80/entrez/meshbrowser.cgi

A narrative abstract consists of a short version of the whole paper. There are no headings within the narrative abstract. The author simply tries to summarize the paper into a story which flows logically.

A structured abstract uses subheadings. Structured abstracts are becoming more popular for basic scientific and clinical studies, since they standardize the abstract and ensure that certain information is included. This is very useful for readers who search for articles on the internet. Often the abstract is displayed by a search engine, and on the basis of the abstract the reader will decide whether or not to download the full article (which may require payment of a fee). With a structured abstract, the reader is more likely to be given the information which they need to decide whether to go on to the full article, and so this style is encouraged. The JCCA recommends the use of structured abstracts for case studies.

Since they are summaries, both narrative and structured abstracts are easier to write once we have finished the rest of the article. We include a template for a structured abstract and encourage authors to make use of it. Our sub-headings will be:

• Introduction: This consists of one or two sentences to describe the context of the case and summarize the entire article.
• Case presentation: Several sentences describe the history and results of any examinations performed. The working diagnosis and management of the case are described.
• Management and Outcome: Simply describe the course of the patient’s complaint. Where possible, make reference to any outcome measures which you used to objectively demonstrate how the patient’s condition evolved through the course of management.
• Discussion: Synthesize the foregoing subsections and explain both correlations and apparent inconsistencies. If appropriate to the case, within one or two sentences describe the lessons to be learned.
• Introduction: At the beginning of these guidelines we suggested that we need to have a clear idea of what is particularly interesting about the case we want to describe. The introduction is where we convey this to the reader. It is useful to begin by placing the study in a historical or social context. If similar cases have been reported previously, we describe them briefly. If there is something especially challenging about the diagnosis or management of the condition that we are describing, now is our chance to bring that out. Each time we refer to a previous study, we cite the reference (usually at the end of the sentence). Our introduction doesn’t need to be more than a few paragraphs long, and our objective is to have the reader understand clearly, but in a general sense, why it is useful for them to be reading about this case.

The next step is to describe the results of our clinical examination. Again, we should write in an efficient narrative style, restricting ourselves to the relevant information. It is not necessary to include every detail in our clinical notes.

If we are using a named orthopedic or neurological test, it is best to both name and describe the test (since some people may know the test by a different name). Also, we should describe the actual results, since not all readers will have the same understanding of what constitutes a “positive” or “negative” result.

X-rays or other images are only helpful if they are clear enough to be easily reproduced and if they are accompanied by a legend. Be sure that any information that might identify a patient is removed before the image is submitted.

At this point, or at the beginning of the next section, we will want to present our working diagnosis or clinical impression of the patient.

It is useful for the reader to know how long the patient was under care and how many times they were treated. Additionally, we should be as specific as possible in describing the treatment that we used. It does not help the reader to simply say that the patient received “chiropractic care.” Exactly what treatment did we use? If we used spinal manipulation, it is best to name the technique, if a common name exists, and also to describe the manipulation. Remember that our case study may be read by people who are not familiar with spinal manipulation, and, even within chiropractic circles, nomenclature for technique is not well standardized.

We may want to include the patient’s own reports of improvement or worsening. However, whenever possible we should try to use a well-validated method of measuring their improvement. For case studies, it may be possible to use data from visual analogue scales (VAS) for pain, or a journal of medication usage.

It is useful to include in this section an indication of how and why treatment finished. Did we decide to terminate care, and if so, why? Did the patient withdraw from care or did we refer them to another practitioner?

• Discussion: In this section we may want to identify any questions that the case raises. It is not our duty to provide a complete physiological explanation for everything that we observed. This is usually impossible. Nor should we feel obligated to list or generate all of the possible hypotheses that might explain the course of the patient’s condition. If there is a well established item of physiology or pathology which illuminates the case, we certainly include it, but remember that we are writing what is primarily a clinical chronicle, not a basic scientific paper. Finally, we summarize the lessons learned from this case.
• Acknowledgments: If someone provided assistance with the preparation of the case study, we thank them briefly. It is neither necessary nor conventional to thank the patient (although we appreciate what they have taught us). It would generally be regarded as excessive and inappropriate to thank others, such as teachers or colleagues who did not directly participate in preparation of the paper.

A popular search engine for English-language references is Medline: http://www.ncbi.nlm.nih.gov/entrez/query.fcgi

• Legends: If we used any tables, figures or photographs, they should be accompanied by a succinct explanation. A good rule for graphs is that they should contain sufficient information to be generally decipherable without reference to a legend.
• Tables, figures and photographs should be included at the end of the manuscript.
• Permissions: If any tables, figures or photographs, or substantial quotations, have been borrowed from other publications, we must include a letter of permission from the publisher. Also, if we use any photographs which might identify a patient, we will need their written permission.

In addition, patient consent to publish the case report is also required.

Running Header:

• Name, academic degrees and affiliation

Name, address and telephone number of corresponding author

Disclaimers

Statement that patient consent was obtained

Sources of financial support, if any

Key words: (limit of five)

Abstract: (maximum of 150 words)

• Case Presentation
• Management and Outcome

Introduction:

Provide a context for the case and describe any similar cases previously reported.

Case Presentation:

• Introductory sentence: e.g. This 25 year old female office worker presented for the treatment of recurrent headaches.
• Describe the essential nature of the complaint, including location, intensity and associated symptoms: e.g. Her headaches are primarily in the suboccipital region, bilaterally but worse on the right. Sometimes there is radiation towards the right temple. She describes the pain as having an intensity of up to 5 out of ten, accompanied by a feeling of tension in the back of the head. When the pain is particularly bad, she feels that her vision is blurred.
• Further development of history including details of time and circumstances of onset, and the evolution of the complaint: e.g. This problem began to develop three years ago when she commenced work as a data entry clerk. Her headaches have increased in frequency in the past year, now occurring three to four days per week.
• Describe relieving and aggravating factors, including responses to other treatment: e.g. The pain seems to be worse towards the end of the work day and is aggravated by stress. Aspirin provides some relieve. She has not sought any other treatment.
• Include other health history, if relevant: e.g. Otherwise the patient reports that she is in good health.
• Include family history, if relevant: e.g. There is no family history of headaches.
• Summarize the results of examination, which might include general observation and postural analysis, orthopedic exam, neurological exam and chiropractic examination (static and motion palpation): e.g. Examination revealed an otherwise fit-looking young woman with slight anterior carriage of the head. Cervical active ranges of motion were full and painless except for some slight restriction of left lateral bending and rotation of the head to the left. These motions were accompanied by discomfort in the right side of the neck. Cervical compression of the neck in the neutral position did not create discomfort. However, compression of the neck in right rotation and extension produced some right suboccipital pain. Cranial nerve examination was normal. Upper limb motor, sensory and reflex functions were normal. With the patient in the supine position, static palpation revealed tender trigger points bilaterally in the cervical musculature and right trapezius. Motion palpation revealed restrictions of right and left rotation in the upper cervical spine, and restriction of left lateral bending in the mid to lower cervical spine. Blood pressure was 110/70. Houle’s test (holding the neck in extension and rotation for 30 seconds) did not produce nystagmus or dizziness. There were no carotid bruits.
• The patient was diagnosed with cervicogenic headache due to chronic postural strain.

Management and Outcome:

• Describe as specifically as possible the treatment provided, including the nature of the treatment, and the frequency and duration of care: e.g. The patient undertook a course of treatment consisting of cervical and upper thoracic spinal manipulation three times per week for two weeks. Manipulation was accompanied by trigger point therapy to the paraspinal muscles and stretching of the upper trapezius. Additionally, advice was provided concerning maintenance of proper posture at work. The patient was also instructed in the use of a cervical pillow.
• If possible, refer to objective measures of the patient’s progress: e.g. The patient maintained a headache diary indicating that she had two headaches during the first week of care, and one headache the following week. Furthermore the intensity of her headaches declined throughout the course of treatment.
• Describe the resolution of care: e.g. Based on the patient’s reported progress during the first two weeks of care, she received an additional two treatments in each of the subsequent two weeks. During the last week of care she experienced no headaches and reported feeling generally more energetic than before commencing care. Following a total of four weeks of care (10 treatments) she was discharged.

Discussion:

Synthesize foregoing sections: e.g. The distinction between migraine and cervicogenic headache is not always clear. However, this case demonstrates several features …

Summarize the case and any lessons learned: e.g. This case demonstrates a classical presentation of cervicogenic headache which resolved quickly with a course of spinal manipulation, supportive soft-tissue therapy and postural advice.

References: (using Vancouver style) e.g.

1 Terret AGJ. Vertebrogenic hearing deficit, the spine and spinal manipulation therapy: a search to validate the DD Palmer/Harvey Lillard experience. Chiropr J Aust 2002; 32:14–26.

Legends: (tables, figures or images are numbered according to the order in which they appear in the text.) e.g.

Figure 1: Intensity of headaches as recorded on a visual analogue scale (vertical axis) versus time (horizontal axis) during the four weeks that the patient was under care. Treatment was given on days 1, 3, 5, 8, 10, 12, 15, 18, 22 and 25. Headache frequency and intensity is seen to fall over time.