← All questionsGS2 · 2025 · Polity ·Pardoning Power: India vs USA and Pre-emptive Pardons
QUESTION 3
GS2
10 marks

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?

WRITE IN
7 min
150 words

What the examiner wants

Compare the presidential pardon in India and the USA, set out its limits in each, and explain pre-emptive pardons.

CompareSet out the similarities and the differences side by side.

Demand-wise check

  1. 1India: Article 72, exercised on advice of the Council of Ministers; covers court-martial, Union law offences, death sentences; judicial review on limited grounds≈30 words
  2. 2USA: Article II, Section 2; personal discretion; only federal offences; not impeachment≈30 words
  3. 3Pre-emptive pardon: before charge or conviction (Ford pardoning Nixon 1974; Biden's January 2025 pardons). Not available in India, where pardon follows conviction≈30 words
  4. 4Limits in both≈30 words

Open in about 20 words and close in about 20.

Answer plan

IndiaUSAComparison tableLimitsPre-emptive pardonsConclusion

Where marks usually go

  • Not explaining pre-emptive pardons
  • Missing that Indian President acts on ministerial advice

Draw this

  • Comparison table

Value addition

  • Case lawKehar Singh v. Union of India (1989) and Epuru Sudhakar (2006): pardons are open to judicial review on grounds like mala fides or irrelevant considerations.Supreme Court of India
  • ExamplePresident Ford's 1974 pardon of Richard Nixon covered offences before any charge was filed.US Department of Justice, Office of the Pardon Attorney

Mapped topper copies

Reviewed public-source references related to this PYQ. Same-syllabus references are labelled separately.

Links open original public sources. MainsBuddy does not host these answer sheets.