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?
The President's pardoning power in India and the USA differs significantly in its scope and exercise. In India (Article 72), the President acts on the aid and advice of the Council of Ministers; it is not a discretionary power. In the USA, the President's power is almost absolute and is exercised based on their personal discretion.
Yes, limits exist in both countries. In India, the President's decision is subject to limited judicial review and can be challenged if it is arbitrary, mala fide, or discriminatory. In the USA, the power is broader with very few limits, except that a President cannot grant a pardon in cases of impeachment.
A 'preemptive pardon' is a unique feature, more prominent in the US system, where a pardon is granted to an individual before any criminal charges are filed or a conviction is made. It essentially provides immunity from future prosecution for a specific act.
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