Importance Of Power To Pardon Essay

In the absence of any well-defined guidelines and regulations regarding the exercise of this power, there is a possibility of the President granting pardon to himself/herself cannot be precluded and this act of the president pardoning himself/herself is called Self-Pardon. Undoubtedly, such a situation would be rare but still there is a scope for such a situation to arise.
Although it is generally expected that the person occupying privileged positions such as that of the president would not possess a criminal record. But, there are two important facts that need to be taken into consideration: first, the Constitution of India does not prohibit or bar individuals convicted or under-trial from contesting and occupying the position of President; and

Although the President is at liberty for granting or rejecting the petition on advice of the Council of Minister, but this should not be seen as being obliged to defer to the advice of the Council of Ministers. But in a case where there is an unreasonable delay on the part of the council of ministers in arriving at the decision, the President should make prudent use of his power and dispose of the petition. However the indefinite delay in a decision regarding a mercy petition is undesirable as it casts a bad light on the constitutional power of executive clemency bestowed on the President. Proposing a Mature and Self-Restraining Model of Judicial Review
As discussed earlier there can be certain instances of arbitrary use of the power of Executive Clemency bestowed on the president by the virtue of Article 72. Hence, a mechanism of review to check that this power is not exercised in a mercurial manner is essential.
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