In the Kehar Singh case (1988), the Supreme Court laid down:

  1. The petitioner for mercy has no right to an oral hearing by the President.
  2. The President can examine the evidence afresh and take a different view.
  3. The power is to be exercised by the President on the advice of the union cabinet.
  4. There is no need for the Supreme Court to lay down specific guidelines.
  5. The exercise of power is not subject to judicial review unless the decision is irrelevant, irrational, mala fide, or discriminatory.