Madras High Court Rules on Governor's Bound Obligation to Ministerial Advice

The Madras High Court has ruled that the Governor must adhere to the advice of the council of ministers regarding the remission and premature release of convict prisoners. This decision, made by a Full Bench, clarifies that the Governor cannot act at his discretion in these matters as per Article 161 of the Constitution.

The Madras High Court has provided clarity on the role of the Governor in remission and premature release of convict prisoners, ruling that the Governor is bound by the advice of the council of ministers.

This ruling was delivered by a Full Bench of Justices A D Jagdish Chandra, G K Illanthiraiyan, and Sunder Mohan, addressing the case Eswaran Vs State of Tamil Nadu and others. The decision resolves conflicting earlier rulings by division benches on the Governor's discretionary power.

The Court emphasized that, as per Article 161 of the Constitution of India, the Governor exercises his power only under the guidance of the council, and any deviation based on personal discretion or perceived bias is not permissible.

(With inputs from agencies.)