Thu Apr 02 13:34:33 UTC 2026: # Madras High Court Affirms Governor’s Bound Duty to Ministerial Advice in Remission Cases

The Story:
On April 2, 2026, a Full Bench of the Madras High Court, comprising three judges, ruled that the Governor of Tamil Nadu is bound by the advice of the Council of Ministers when exercising powers under Article 161 of the Constitution regarding the remission and premature release of convicts. The court explicitly stated that the Governor cannot exercise discretion to deviate from the Council’s advice. This decision resolves conflicting interpretations from previous Division Benches and reaffirms the established legal position based on Supreme Court precedents.

Key Points:

  • The Full Bench comprised Justices A.D. Jagadish Chandira, G.K. Ilanthiraiyan, and Sunder Mohan.
  • The ruling clarifies the Governor’s powers under Article 161 of the Constitution, specifically concerning remission and premature release of convicts.
  • The decision settles conflicting interpretations made by previous Division Benches in 2024.
  • The court relied on Supreme Court precedents, including the 1980 Maru Ramu case and the 1974 Shamsher Singh versus State of Punjab verdict, as well as the 2022 decision to release A.G. Perarivalan, a convict in the Rajiv Gandhi assassination case.
  • The court deemed one previous Division Bench ruling (Murugan alias Thirumalai Murugan) as per incuriam to the extent it contradicted the established legal position.

Key Takeaways:

  • The ruling reinforces the principle of constitutional governance, where the Governor acts on the aid and advice of the Council of Ministers in matters of remission.
  • It resolves legal ambiguity within the Madras High Court regarding the Governor’s discretionary powers, ensuring consistent application of the law.
  • The decision underscores the supremacy of Supreme Court precedents in interpreting constitutional provisions.
  • This clarification could impact future decisions regarding the release of convicts in Tamil Nadu.

Impact Analysis:

This ruling has significant implications for the relationship between the Governor and the State Government in Tamil Nadu. By reaffirming the Governor’s bound duty to the advice of the Council of Ministers, the decision limits the Governor’s independent authority in matters of remission and premature release. This could lead to smoother functioning of the government and reduce potential conflicts between the Governor’s office and the elected state government. The ruling also sets a precedent for other states where similar disputes regarding the Governor’s powers may arise. The long-term impact will likely be a more clearly defined role for the Governor, with less room for individual discretion in areas where the Council of Ministers has a constitutionally mandated role.

Read More

Related News: