The pardon power of a president serves as a significant aspect of executive authority in both India and the United States. However, the application and implications of this power differ markedly between the two countries.
In the United States, the President possesses the sole authority to grant pardons for federal crimes without the need for consultation or approval from any other entity. This independence allows the U.S. President to exercise this power based on personal or political motivations, a practice seen throughout history.
Conversely, the Indian President's pardon power is detailed in Article 72 of the Constitution. This authority applies to offenses committed against union laws, those adjudicated under military courts, and cases involving the death penalty where total forgiveness may be granted. However, the Indian President acts on the advice of the Council of Ministers, which renders the position largely ceremonial in this context.
In the United States, it is possible for pardons to be issued before an individual has been convicted. A notable example of this is Gerald Ford’s pardon of Richard Nixon, which occurred before any formal charges were brought against him.
In contrast, in India, pardons are typically granted only after a conviction has been rendered, adhering to established legal procedures.
The U.S. President operates without the necessity for oversight or approval when exercising the pardon power. This autonomy has led to accusations of misuse, notably during controversial pardons issued by former President Donald Trump.
On the other hand, the Indian President's decisions regarding pardons are influenced by the advice of the executive branch, ensuring a degree of political and procedural oversight. Furthermore, these decisions are subject to judicial review, as established in the case of Maruram Vs Union of India (1980). Additionally, indecision on the part of the President can lead to automatic commutation from pardon in cases involving the death sentence, as noted in Shatrughan Chauhan (2014).
The U.S. President has historically utilized the pardon power extensively, often in ways that spark controversy. For example, Donald Trump pardoned associates like Paul Manafort and Steve Bannon, while Joe Biden extended a pardon to his son, Hunter Biden.
In India, the exercise of pardon powers is less frequent and tends to be less controversial, as these actions are undertaken based on executive advice. Cases often revolve around humanitarian considerations, such as commuting death sentences or rectifying miscarriages of justice.
The U.S. President serves as both the head of state and government, merging ceremonial and executive functions, including the unilateral power to grant pardons.
In contrast, the Indian President functions primarily as a ceremonial head of state, with genuine executive authority vested in the Prime Minister and the Council of Ministers.
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