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’? (Answer in 150 words)

Clemency permits exceptional mercy and correction of injustice while remaining subject to constitutional design.

Comparison

• India’s President acts under Article 72 on ministerial advice for Union offences, court-martial cases and death sentences; review is possible for mala fides or arbitrariness.
• The US President acts personally for federal offences, except impeachment; state offences remain excluded and review is extremely limited.

Preemptive pardon

It is granted before charge or conviction; Ford’s pardon of Nixon illustrates the US position. India has no established equivalent and Article 72 is linked to an offence or sentence.

Keywords: polity, executive power, clemency, comparative constitution