Archive · 25 Nov 2025
Differences in Pardoning Powers of Indian and US Presidents
The article explains how the pardoning powers of the President of India and the President of the United States differ.
In India, the President's power to pardon comes from Article 72 of the Constitution and is subject to limited judicial review.
The President can pardon, commute, remit, respite, or reprieve sentences, but must act on the advice of the Council of Ministers.
In the US, the President's pardoning power is outlined in Article II, Section 2 of the Constitution and is not subject to judicial review.
The US President can pardon offenses against the US, including pre-emptive pardons, but not in cases of impeachment or state offenses.
The differences in their powers stem from the presidential system in the US and the parliamentary system in India.
The President of India's pardoning power is subject to limited judicial review and must act on the advice of the Council of Ministers.
The US President's pardoning power is not subject to judicial review and is conclusive and final.
The Indian President can pardon offenses under Union law, court martial sentences, and death sentences.
The US President can pardon offenses against the US but not state offenses or impeachment cases, and can issue pre-emptive pardons.
The differences in their powers stem from the presidential system in the US and the parliamentary system in India.
- Who
- The Presidents of India and the United States
- What
- The differences in their pardoning powers and the constitutional provisions governing them
- When
- The article discusses the historical context and current practices
- Where
- The comparison is between India and the United States
- Why
- To understand the contrasting scope and practice of clemency in these countries due to their differing constitutional designs
- Indian President's Pardoning Power
- Article 72 of the Constitution
- US President's Pardoning Power
- Article II, Section 2 of the Constitution
- Judicial Review in India
- Limited, subject to procedural grounds
- Judicial Review in US
- None, plenary power
- Discretionary Power in India
- Bound by Council of Ministers' advice
- Discretionary Power in US
- Conclusive and final, no Congressional review
- Pre-emptive Pardons in US
- Allowed, even before formal charges
- Pre-emptive Pardons in India
- No Constitutional basis