Full Bench clarifies Governor's discretion under Article 161, affirming adherence to Council of Ministers' advice
In a landmark decision, the Madras High Court has reaffirmed 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, concerning the remission and premature release of convict prisoners. This ruling came as part of a full bench decision aimed at resolving conflicting judgments from previous cases regarding the Governor's discretion in such matters.
The judgment was rendered in the case of Eswaran and others versus the State, where the petitioners challenged the Governor's rejection of their premature release, despite a favorable recommendation from the State Cabinet. The court clarified that the Governor, as the formal head of the state, must act on and according to the advice of the Council of Ministers, without the liberty to exercise personal discretion against it.
The court analyzed various precedents, including the Constitution Bench's ruling in Maru Ram v. Union of India and the recent Perarivalan case, both of which established the binding nature of ministerial advice on the Governor. The court distinguished the earlier case of M.P. Special Police Establishment, which allowed the Governor some discretion in cases involving bias or irrational ministerial decisions, by noting that such discretion does not apply to Article 161 powers.
The judgment also addressed the possibility of judicial review in instances where there is an unreasonable delay or non-exercise of the Governor's powers, stating that the court could intervene under Article 142 to provide appropriate relief.
The ruling underscores the constitutional principle that the Governor acts as a ceremonial head, with real executive power residing with the elected government. This decision is expected to streamline the process of remission and premature release of convicts, ensuring that the Governor's role remains aligned with the democratic process.
Bottom Line:
Governor is bound by the advice of the Council of Ministers in matters related to remission and premature release of convict prisoners under Article 161 of the Constitution of India.
Statutory provision(s): Article 161, Article 142, Criminal Procedure Code Section 197
Eswaran v. State, (Madras)(DB) : Law Finder Doc id # 2876767
