Governor bound by Cabinet’s advice on remission: Madras HC, Pg1

Key Highlights:

• The Madras High Court Full Bench ruled that the Governor is bound by the Cabinet's advice on matters of remission and premature release under Article 161 of the Constitution.
• The ruling clarifies conflicting decisions by previous Division Benches of the High Court in 2024.
• The Full Bench referenced the Supreme Court's 1980 decision in Maru Ramu's case and the 2022 decision in A.G. Perarivalan's case to support its conclusion.
• The court stated that the Governor cannot exercise discretion under Article 161, aligning with the Supreme Court's consistent stance.

Detailed Insights:

• The Division Bench referred the matter to a larger bench in September 2025 due to conflicting decisions on the Governor's discretionary powers.
• The Full Bench agreed that the Supreme Court had already settled the issue, citing the 1980 Maru Ramu case and the 1974 Shamsher Singh versus State of Punjab verdict.
• The ruling emphasizes that the Governor's powers under Article 161 are not discretionary, reinforcing the principle of Cabinet's advice being binding.
• The court clarified that a previous Division Bench incorrectly relied on the 2003 M.P. Special Police Establishment case, which pertains to sanctioning prosecution in corruption cases, not remission.
• The A.G. Perarivalan case was cited as a recent instance where the Supreme Court followed the principle that the Governor is bound by the advice of the Council of Ministers.
• The ruling reinforces the constitutional position that the Governor generally acts on the aid and advice of the Council of Ministers, maintaining the balance of power in state governance.

How UPSC asks Questions on this:

Governor - PYQ 2025

Key Concepts Involved:

• Article 161: Grants the Governor the power to grant pardons, reprieves, respites or remissions of punishment.
• Remission: Reducing the amount of a sentence without changing the conviction.
• Council of Ministers: A body of advisors that is headed by the Chief Minister that aids and advises the Governor in the exercise of his functions.