Why in the News?
A Full Bench of the Madras High Court ruled that the Governor is bound by the State Cabinet’s advice while granting remission or premature release of convicts under Article 161 of the Constitution.
Key Ruling of Madras High Court
- Governor cannot exercise discretion
- Must follow advice of Council of Ministers
- Applies to:
- Remission
- Commutation
- Premature release of prisoners
- Court held: Governor cannot take a different view from the Cabinet
Constitutional Provision
Article 161
Governor has power to:
- Grant pardon
- Reprieve
- Respite
- Remission
- Commute sentence
Applies to: Offences under State laws
Why the Case Was Referred
- Two conflicting High Court rulings (2024)
- Division Bench referred issue to Full Bench (2025)
- Full Bench gave authoritative clarification
| [2025] Consider the following statements with regard to pardoning power of the President of India: 1 The exercise of this power by the President can be subjected to limited judicial review. 2 The President can exercise this power without the advice of the Central Government. Select the correct answer using the code given below: (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2 |
