Introduction

The power to grant pardon is an important executive prerogative intended to provide relief from judicial errors and ensure humanitarian justice. In India, this power is vested in the President under Article 72 of the Constitution, while in the United States it is provided under Article II, Section 2 of the U.S. Constitution. Although similar in purpose, the scope and limitations differ in both countries.

Body

Comparison of Pardon Powers

• India: The President can grant pardon, reprieve, respite, remission, or commutation in cases involving court-martial, offences against Union laws, and death sentences (Article 72). The Governor also has similar powers under Article 161.

• USA: The President can grant pardons for federal offences except in cases of impeachment.

• Nature of Power: In India, the President acts on the aid and advice of the Council of Ministers (Article 74), whereas in the USA the President exercises the power largely at personal discretion.

Limits to the Power

• India: Subject to judicial review on grounds of mala fide or arbitrariness as held in Kehar Singh v. Union of India (1989) and Epuru Sudhakar v. Govt. of A.P. (2006).

• USA: Cannot be used in impeachment cases, though otherwise the power is extremely broad.

Preemptive Pardons

Preemptive pardons refer to pardons granted before conviction or even before charges are filed. Such pardons are permissible in the USA (e.g., President Gerald Ford’s pardon to Richard Nixon) but are not recognized in India.

Conclusion

Thus, while both systems provide executive clemency as a humanitarian safeguard, India’s pardon power is more institutionally constrained and reviewable, whereas the U.S. President enjoys a broader discretionary authority.