Pardoning Powers of the President in India

07-02-2025

Recently, U.S. President Joe Biden issued a 'full and unconditional pardon' for his son, Hunter Biden, who faced sentencing for illegally owning a firearm while using drugs and for tax-related offenses.
The ‘royal prerogative of mercy’ is a historic prerogative of the British monarch, originally used to withdraw or provide alternatives to death sentences.

Comparison between Pardoning Powers of the President of India and the USA

Attributes	Indian President	U.S. President
Source of Power	Article 72 of the Constitution	Article II, Section 2 of the Constitution
Scope	Power extends to not only federal/union but also state crimes.	Power extends to federal crimes only and not state crimes.
Death Penalty	The President can pardon death sentences, including those by states.	The President can pardon only federal death sentences, not those for state crimes.
Role of Executive Branch	**Maru Ram vs Union of India, 1980*: The Supreme Court held that the power to grant pardons must be exercised fairly, reasonably, and without arbitrariness, ensuring justice and balance. Kehar Singh v. Union of India*, 1988: The Supreme Court held that the President's pardoning power is independent of the judiciary, but it can be reviewed to ensure procedural fairness. The review focuses on adherence to constitutional principles and procedural requirements, not the merits of the decision.	The President can act at his own discretion.
Judicial Review	Limited judicial review; courts can examine the process but generally not the decision itself.	Courts can review pardons in cases of suspected corruption or abuse of power.
Limitations	The President cannot pardon someone impeached by Parliament.	The President cannot pardon someone impeached and convicted by Congress.

Clemency Type	Definition
Pardon	Removes both the sentence and the conviction, absolving the convict from all punishments and disqualifications.
Commutation	Substitutes one form of punishment for a lighter one.
Remission	Reduces the period of a sentence without changing its nature.
Respite	Awards a lesser sentence due to special circumstances like physical disability or pregnancy.
Reprieve	Temporarily stays the execution of a sentence to allow time to seek pardon or commutation.

The Governor of a state exercises pardoning powers under Article 161, though with limitations compared to the President's power.

The Governor can pardon, reprieve, respite, remit, suspend, or commute the punishment or sentence of anyone convicted of an offense under state law.
The Governor can suspend, remit, or commute a death sentence, but cannot pardon it.

NASA’s PUNCH Mission

NASA’s SPHEREx Telescope: Mapping the Cosmos in 3D

NASA’s Oldest Active Astronaut Returns to Earth on 70th Birthday