GSAP 2025-2026
Polity, Constitution, & Governance
Q.3) 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? ( 150 words )
GSAP 2025-
Q.3) 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? ( 150 words )
GSAP 2025-
Q.3) 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? ( 150 words )
GSAP 2025-
Q.3) 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? ( 150 words )
Aspect Indian President US President
It is not a discretionary power;
Type of Power Only on aid & advice of Council of Discretionary power of President
Ministers
Includes pre-emptive pardons —
Only after
Timing may be granted before trial or
conviction (post-
conviction
conviction)
Removes punishment and
Erases conviction, punishment,
Effect of Pardon disqualifications, but conviction
and disqualifications
may remain on record
Union laws, death sentences under Only federal laws. Cannot pardon
Jurisdiction
state laws, military courts crimes under state law.
Yes. It can be reviewed for
Judicial review in strict condition
Judicial Review arbitrariness or mala fides (e.g,
such as obstruction of justice
Swaran Singh case)
GSAP 2025-
Q.3) 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? ( 150 words )
Limitations on Power of Pardon
Limitations on Power in India Limitations on Power in US
• Judicial review • Limited judicial review on obstruction
• Based on Aid & Advice of CoM of justice
• Cannot be given in relation to state • Cannot be given in case of impeachment
law • Cannot be given in relation to state law
• No provision for pre-emptive pardon
Pre-emptive pardons
• They are pardons granted before conviction or trial. It is recognized in the U.S., but not in India.
• The Supreme Court in Maru Ram case (1980) and Kehar Singh case (1989) has clarified that the Indian
President can only pardon after a conviction.
GSAP 2025-
Q.5) The Attorney General of India plays a crucial role in guiding the legal framework of the Union
Government and ensuring sound governance through legal counsel." Discuss his responsibilities, rights
and limitations in this regard. (150 words)
GSAP 2025-
Q.5) The Attorney General of India plays a crucial role in guiding the legal framework of the Union
Government and ensuring sound governance through legal counsel." Discuss his responsibilities, rights
and limitations in this regard. (150 words)
Responsibilities of the Attorney General of India (AGI)
• Chief Legal Advisor to the Government (Article 76)-
• The AGI serves as the principal legal counsel to the Government of India, advising the Union on legal
matters referred to them by ministries or the President.
• Represents the Government in Courts (Article 76)
• Appears on behalf of the Union Government in Supreme Court cases, including suits, appeals, and
constitutional references. This can include international representation such as at ICJ, etc.
• Advisory Role under Article 143
• The Presidential reference to the Supreme Court is undertaken by the AGI
GSAP 2025-
Q.5) The Attorney General of India plays a crucial role in guiding the legal framework of the Union
Government and ensuring sound governance through legal counsel." Discuss his responsibilities, rights
and limitations in this regard. (150 words)
Rights of the Attorney General of India (AGI)
• Right of Audience
• The AGI can appear in all courts across India—Supreme Court, High Courts, and lower judiciary.
• Parliamentary Participation & Privileges
• AGI may participate in proceedings of Parliament & its committees (of which AGI is member). They
do not have voting rights. They enjoys privileges and immunities as a Member of Parliament.
• Can undertake private practice
• The AGI is not a a government servant. They can continue private practice. However, there are limitation
such as not taking cases against Government of India is a party.
GSAP 2025-
Q.5) The Attorney General of India plays a crucial role in guiding the legal framework of the Union
Government and ensuring sound governance through legal counsel." Discuss his responsibilities, rights
and limitations in this regard. (150 words)
Limitation upon the Attorney General of India (AGI)
• The term of office of the AG is not fixed by the Constitution. Further, the Constitution does not contain the
procedure and grounds for his removal. He holds office during the pleasure of the president. This means
that he may be removed by the president at any time.
• The remuneration of the AG is not fixed by the Constitution. He receives such remuneration as the
president may determine.
• He should not advise or hold a brief against the Government of India.
• He should not advise or hold a brief in cases in which he is called upon to advise or appear for the
Government of India.
• He should not defend accused persons in criminal prosecutions without the permission of the Government of
India.
• He should not accept appointment as a director in any company or corporation without the permission of
the Government of India.
• He should not advise any ministry or department of Government of India or any statutory organization or
any public sector undertaking unless the proposal or a reference in this regard is received through the
Ministry of Law and Justice.
GSAP 2025-
