Context: The Madras High Court held that the Governor is constitutionally bound by the advice of the Council of Ministers while exercising remission powers under Article 161. The ruling resolves conflicting High Court decisions and reinforces established constitutional principles.
CORE CONCEPTS:
- Article 161: Governor can grant pardon, reprieve, respite, remission, or commute sentences for state offences.
- Based on parliamentary system, Governor acts on aid and advice of Council of Ministers (Article 163).
- Supreme Court (Maru Ram v. Union of India, 1980): Governor’s clemency powers are not discretionary; must follow Cabinet advice.
- Remission: Reduction of sentence without changing its nature.
- Distinction: President (Article 72) exercises similar powers at Union level.
- Judicial review allowed if mala fide, arbitrary, or extraneous considerations are involved.
- Council of Ministers: Executive body headed by the Chief Minister at the state level; real decision-making authority in a parliamentary system.
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