The Presidents of the US and India enjoy certain executive powers under their respective Constitutions. One such power is the power to grant pardon or clemency. The pardoning power of the President is not an unbridled one, and judicial review of such a power is possible under the Constitutional framework. This paper discusses the scope and limits of the pardoning power of the President of the US and compares the same with the Indian scenario. The main issue of discussion is whether the President can self-pardon and if so, whether such power is permissible under the Constitution or not. Self-judging or self- dealing is one of the most pertinent principles of natural justice and such a power goes against the constitutional structure as well. Furthermore, an attempted self-pardon will undermine the confidence of the people in the President and the Constitution.

November 08, 2016 was indeed a historic day for the US when Donald Trump was elected as the 45th President of the US, one of the oldest democracies in the world, winning against all odds and predictions. Unlike India, the US has a Presidential form of government, and the President of the US enjoys abundant powers and privileges like executive powers,1 power to make treaties,2 and military powers3, and one of the most important among them is the power to grant clemency.4 Most civilized nations recognize the power to grant pardons as an act of grace or humanity in certain cases where the Court judgements may have led to the miscarriage of justice and the US is one of them. With close to 75 lawsuits pending against Donald Trump, it would be interesting to note the effect of the same on his Presidency. Several lawsuits, ranging from alleging that Trump’s school was a criminal organization5 to fraud6 to illegal termination of a woman from her job7or violation of the consumer protection laws by sending unsolicited messages to “Help Make America Great Again!” during the Presidential campaigning, are pending,8 and any conviction arising out of these pending litigations can have a substantive impact on his Presidency.

Law Review Journal,History of Pardoning Power, Limitations of Presidential Pardons, Self-Pardon Under the US Constitution, Pardon Under Article 72.