In the Kehar Singh case (1988), the Supreme Court laid down:
- The petitioner for mercy has no right to an oral hearing by the President.
- The President can examine the evidence afresh and take a different view.
- The power is to be exercised by the President on the advice of the union cabinet.
- There is no need for the Supreme Court to lay down specific guidelines.
- The exercise of power is not subject to judicial review unless the decision is irrelevant, irrational, mala fide, or discriminatory.