Q18.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?

Pardoning power is a vital executive prerogative to mitigate judicial punishment, ensuring justice and mercy.

Similarities

• Both Presidents exercise executive, discretionary power, granting pardon, reprieve, respite, remission, and commutation.

Differences

• India's President acts on binding CoM advice, covering all offenses (including court-martial, death).
• US President has greater personal discretion, limited to federal offenses.
• Judicial review is explicit in India but generally non-reviewable in USA.

In India

• Indian pardons are judicially reviewable for arbitrariness, mala fide, extraneous considerations, or non-application of mind.

In USA

• US pardons are largely non-reviewable by courts, subject to political checks, and cannot pardon state offenses.

Preemptive pardons are granted before conviction or charges. Recognized and used in USA (e.g., Nixon), they lack explicit definition or widespread discussion in India.

These powers, though similar in intent, differ significantly in their constitutional checks and scope.