"Whether he likes it or not": Madras HC slams Governor’s rejection of remission

CHENNAI: The Madras High Court has ruled that the Governor is bound to approve the Cabinet's decision regarding the remission of sentences and the early release of prisoners. While exercising powers under Article 161 of the Constitution, the Governor cannot adopt a position different from that of the Cabinet.

The court emphasised that the Cabinet's decision must be accepted regardless of the Governor’s personal stance. A Full Bench, comprising Justices A.D. Jagadish Chandira, G.K. Ilanthirayan, and Sundar Mohan, ruled that the Governor cannot exercise independent discretion in these matters.

The High Court further observed that the Supreme Court has previously established that a Governor cannot act without following the Cabinet's advice, "whether he likes it or not." This judgment follows a case involving the Governor’s rejection of the Tamil Nadu government’s recommendation to release specific convicts.

Previously, a bench of the Madras High Court had suggested that the Governor might exercise discretion if the Cabinet fails to consider relevant matters. The Full Bench examined the context of that earlier ruling, which relied on a Supreme Court decision regarding the prosecution of ministers under the Prevention of Corruption Act. In that specific context, the Supreme Court had allowed for the Governor’s discretion because a Cabinet might be biased in favour of its own members. However, the Full Bench clarified that this logic does not apply to the remission of sentences.