The power given to the highest dignitaries of the state might suffer from some malafide intention. Hence, it can be concluded that the ultimate power lies with the council of ministers, which makes us ponder over the very existence of the power under Article 72 of the Constitution which is evident from the following point:-
1. The power to grant the pardon by the President is subjected to limited judicial review, but there have not been any stringent watertight guidelines as to what are the factors that the President looks into when granting pardon to the accused.
2. Nobody can question the decision taken on the merits of the President. He did not need to give any justifications for his order, and the manner of the consideration of the petition lies solely at the discretion of the President.
3. Also, there is no right given to the accused to present an oral hearing as being of an executive character.