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?
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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
- 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
- 2USA: Article II, Section 2; personal discretion; only federal offences; not impeachment≈30 words
- 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
- 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.
- Shakti Dubey · AIR 1 · Page 9 ↗Same syllabus reference
Links open original public sources. MainsBuddy does not host these answer sheets.
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