Archive · 25 Nov 2025

Differences in Pardoning Powers of Indian and US Presidents

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.

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