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?…

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) 10 marks

हिंदी में प्रश्न पढ़ें

भारत और संयुक्त राज्य अमेरिका में क्षमा करने की राष्ट्रपति की शक्ति की तुलना कीजिए तथा विषमताओं को स्पष्ट कीजिए। क्या दोनों देशों में इसकी कोई सीमाएं हैं? 'अग्रिम माफी' क्या होती है? (उत्तर 150 शब्दों में दीजिए)

The question as printed in the 2025 General Studies paper

Evaluate your answer to this question → See all 2025 General Studies questions

Model answer

Drafted with AI by UPSC Answer Check against this question's marking rubric, to the 150-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key. How we build rubrics and answers.

The pardoning power is enshrined under Article 72 in India and Article II, Section 2 in the USA, but both differ significantly in execution and scope.

Scope and Nature: In India, the President covers Union laws, court-martial, and all death sentences, acting strictly on the binding advice of the Council of Ministers (Maru Ram case). Conversely, the US President holds plenary, unilateral discretion over federal crimes without needing cabinet approval, but cannot pardon state offenses.

Limits in Both Jurisdictions: In India, clemency is subject to judicial review against arbitrariness or mala fide intent (Epuru Sudhakar case). In the USA, pardons cannot be granted in cases of impeachment, exclude state offenses, and carry constitutional ambiguity regarding self-pardons, with minimal judicial oversight.

Preemptive Pardons: These refer to pardons granted prior to conviction, indictment, or formal legal proceedings, famously illustrated by President Ford pardoning Richard Nixon (1974) and, more recently, President Biden's pre-emptive pardons of January 2025. In India, Article 72 speaks of persons 'convicted of any offence', so pre-emptive pardons are not available.

Ultimately, while the American framework prioritises unfettered executive discretion, the Indian constitutional design balances executive clemency with ministerial accountability and judicial safeguards.

How this answer will be evaluated

Framework: GS2 Paper 2: Constitutional Law & Governance

What earns full marks: Precise Art 72 vs Art 2 comparison, clear definition of preemptive pardon, and specific limits cited.

Evaluation rubric

Each sub-part is marked on its own, against the marks and word limit printed on the paper.

The answer Compare the pardon powers of the Presidents of India and the USA, state their limits, and explain pre-emptive pardons. 10 marks · 150 words

compare— paired headings or point-wise contrast → key differences → significance → conclusion
Must cover
- Article 72 (India) vs Article II, Section 2 (USA)
- Scope: India covers Union-law offences, court-martial and all death sentences; USA covers only federal offences
- Limits: India – advice of the Council of Ministers and judicial review; USA – no pardon in impeachment, no state offences
- Define pre-emptive pardon (before charge or conviction) with an example, and India's position
Loses marks
- Reciting Article text without comparison
- Confusing pardon with reprieve or remission
- Failing to distinguish pre-emptive from post-conviction pardons
Earns more
- Forms of clemency (pardon, commutation, remission, respite, reprieve)
- Judicial review in India: Maru Ram (1980), Kehar Singh (1989), Epuru Sudhakar (2006)
- Political accountability rather than judicial control for US pardons; self-pardon debate
- Examples: Ford–Nixon (1974); pre-emptive pardons of January 2025
Extra mark
- Governor's power under Article 161 and its link to Section 473 BNSS (earlier CrPC 432) remission
- Ex parte Garland (1866) on pardons before conviction

What "Compare and contrast" is asking you to do

Both halves, visibly separated, usually because the two are routinely conflated: similarities across the stated dimensions, then differences across those same dimensions. The longer form is an instruction that the differences must not be folded into the similarities.

Structure that answers it

Dimensions fixed → similarities across them → differences across them → why the pair gets confused and what in fact separates it

Where marks are lost

One half done in a page and the other in three lines. Marks are allotted to each half separately, so the weaker half is lost however strong the other is.

All UPSC directive words, compared →

Practice this exact question

Write your answer and it is marked point by point against the model answer above — what you covered, what you missed, what you got wrong.

Evaluate my answer →

Model answer

How this answer will be evaluated

Evaluation rubric

Must cover

Loses marks

Earns more

Extra mark

Structure that answers it

Where marks are lost

Practice this exact question

More from General Studies 2025 GS Paper II