Civil Services Prep

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’?

Model answer

The power of pardon is an executive constitutional power intended to correct judicial errors, mitigate excessive punishment and serve public interest. However, its scope and operation differ significantly in India and the USA. A preemptive pardon is granted before prosecution or conviction for an offence already committed. It cannot legally cover future offences.

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