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Pardoning Power of the President Article 72 of the Indian Constitution empowers the President to grant pardon. The Supreme Court examined the pardoning power of the President under different cases and laid down the following principles: - The petitioner for mercy has no right to an oral hearing by the President. - The President can examine the evidence afresh and take a view different from the view taken by the court. - The power is to be exercised by the President on the advice of the union cabinet. - The President is not bound to give reasons for his order. - Where the earlier petition for mercy has been rejected by the President, stay cannot be obtained by filing another petition. - The exercise of power by the President is not immune to judicial review. The Supreme Court in the Epuru Sudhakar case has given a small window for judicial review of the pardon powers of President and governors for the purpose of ruling out any arbitrariness.

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