Madras High Court Affirms Governor's Obligation to Follow Cabinet Advice
Governor bound by Cabinet’s advice: Madras High Court
The Hindu
Image: The Hindu
The Madras High Court ruled that the Governor of Tamil Nadu must adhere to the council of Ministers' advice regarding the remission and premature release of convicts, reinforcing a long-standing constitutional interpretation. This decision clarifies the limits of the Governor's discretion under Article 161 of the Indian Constitution.
- 01The Madras High Court ruled that the Governor must follow the council of Ministers' advice under Article 161.
- 02The ruling stems from conflicting decisions by previous Division Benches of the High Court.
- 03The Full Bench referenced a Supreme Court judgment from 1980 reinforcing this obligation.
- 04The court concluded that the Governor cannot exercise discretion contrary to the Ministers' advice.
- 05The ruling aims to provide clarity on the Governor's powers in relation to the State legislature.
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On April 2, 2026, a Full Bench of the Madras High Court, consisting of Justices A.D. Jagadish Chandira, G.K. Ilanthiraiyan, and Sunder Mohan, ruled that the Governor of Tamil Nadu is bound to follow the advice of the council of Ministers when exercising powers under Article 161 of the Indian Constitution, particularly regarding the remission and premature release of convicts. This decision was made in response to a reference from a Division Bench that encountered conflicting rulings in 2024. The Full Bench determined that the Governor has no discretion to deviate from the Ministers' advice, aligning with a Supreme Court ruling from 1980, which has been consistently upheld in subsequent cases, including a 2022 decision concerning the release of A.G. Perarivalan, a convict in the assassination case of former Prime Minister Rajiv Gandhi. The court emphasized that one of the earlier Division Benches incorrectly interpreted the law by relying on a 2003 Supreme Court judgment that dealt with a different context. The ruling clarifies the constitutional limits on the Governor's powers and reinforces the principle that the Governor must act in accordance with the advice of the elected government.
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This ruling ensures that the Governor's actions regarding convicts' release are aligned with the elected government's decisions, strengthening democratic governance in Tamil Nadu.
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