Compare and contrast the President's power to pardon in India and in the USA. Are there any limits to it in both the countries? What are 'preemptive pardons? (150 Words)

Compare and contrast the President's power to pardon in India and in the USA. Are there any limits to it in both the countries? What are 'preemptive pardons?

Introduction

According to the Indian Constitution, Article 72 empowers the President to grant pardons, reprieves, respites, remissions, or commutations of punishment and Governor also has similar power under Article 161 (state level).

In the USA Article II, Section 2 of the US Constitution: President has power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.

Body

President’s Power to Pardon: India vs USA

Aspect	India (Article 72)	USA (Article II, Sec 2)
Scope	Union laws, Court Martial, Death sentence (only President)	Federal offences only, not state offences
Level of Govt	Both President (Union) & Governor (States – Art. 161)	Only President (federal level); Governors at state level
Types of Relief	Pardon, reprieve, respite, remission, commutation	Pardon, commutation, remission, reprieve, amnesty
Timing	Only after conviction/sentence	Can be preemptive (before conviction or trial)
Judicial Review	Subject to judicial review (Kehar Singh, Epuru Sudhakar)	Virtually immune from judicial review (Ex parte Garland, 1866)
Limits	Bound by Council of Ministers’ advice; cannot pardon state offences	Cannot be used in impeachment; cannot pardon state offences
Example	President Pratibha Patil granted pardons in mercy petitions (2012)	President Ford’s preemptive pardon of Nixon (1974)

 

Conclusion

The Indian President’s power is narrower, guided by ministerial advice, and subject to judicial scrutiny, ensuring democratic accountability. In contrast, the US President’s power is broader, largely unchecked, and includes preemptive pardons, reflecting greater executive discretion.

  Note: This model Answer for Reference Purpose only