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General Studies 2025 GS Paper II 10 marks 150 words Compulsory Compare and contrast

GS Paper II — Q3

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)

Q3 of the 2025 UPSC Mains General Studies GS Paper II, as printed
The question as printed in the 2025 General Studies paper
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Model answer

Written 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.

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 (exemplified by controversial Trump pardons), 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). In India, pardoning power is routinely exercised only post-conviction.

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

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 →

How this answer will be evaluated

Approach

Framework: GS2 Paper 2: Constitutional Law & Governance. compare: paired headings or table > key differences > significance > conclusion Full marks: Precise Art 72 vs Art 2 comparison, clear definition of preemptive pardon, and specific limits cited.

Key points expected

  • Cite Art 72 (India) vs Art 2 (USA) powers
  • Distinguish 'reprieve' (India) from 'commutation' (USA)
  • Mention 'preemptive pardon' (before trial) as a US feature
  • Note limits: India (advice of Council) vs USA (impeachment)

Evaluation rubric

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

  1. The answer Contrast pardon powers in India vs USA, identify limits, and define preemptive pardons. 10 marks · 150 words

    compare— paired headings or table → key differences → significance → conclusion

    Must cover

    • Cite Art 72 (India) vs Art 2 (USA) powers
    • Distinguish 'reprieve' (India) from 'commutation' (USA)
    • Mention 'preemptive pardon' (before trial) as a US feature
    • Note limits: India (advice of Council) vs USA (impeachment)

    Loses marks

    • Reciting Article text without comparative analysis
    • Confusing 'pardon' with 'reprieve' or 'remission'
    • Failing to distinguish 'preemptive' from 'post-conviction' pardons

    Earns more

    • Mention 'clemency' as the broader US term
    • Reference 'judicial review' limits in India
    • Mention 'political accountability' for US pardons
    • Cite 'Swamy v. State of Rajasthan' for Indian limits

    Extra mark

    • Reference '2nd ARC' recommendations on executive clemency
    • Mention 'Bill of Attainder' as a US constitutional limit

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