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)

- 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)
Introduction
The power to pardon is an executive prerogative in both India and the USA, meant to correct judicial errors, show mercy, and uphold justice. However, their scope and limits differ constitutionally.
Body
1. In India:
Under Article 72, the President can grant pardon, reprieve, respite, remission, or commutation for offences:
- Under Union laws.
- In court-martial cases.
- For death sentences.
This power is not absolute—the President acts on the advice of the Council of Ministers, and decisions are subject to judicial review on limited grounds (e.g., mala fide).
2. In the USA: Under Article II, Section 2 of the U.S. Constitution, the President has a broad, independent power to pardon federal offences, except in cases of impeachment. It is not subject to judicial review.
3. Preemptive Pardons: These are pardons granted before conviction or even trial, as seen in President Ford’s pardon of Nixon (1974) in the U.S.
Conclusion
While India’s pardon power is guided and reviewable, the U.S. President enjoys wide personal discretion, making the American system more expansive and politically consequential.