Madras High Court Seeks Larger Bench on Governor’s Role in Early Release of Convicts

Quick Summary

• Issue Referred: The Madras High Court Division Bench has referred the issue of weather the Governor is bound by the Council of Ministers’ advice in matters of remission and premature release of convicts to a larger Bench for clarity.
• Conflicting Views: Two conflicting decisions by Division Benches were highlighted:

– First Decision: A 2024 ruling stated that the Governor must act on the Cabinet’s advice.
– Second Decision: Another verdict from 2024 allowed Governors discretion if Cabinet decisions overlooked relevant legal or factual parameters.

• Background: The referral was made during hearings on eight writ petitions regarding delays in convict releases under Article 161 of the Constitution, despite State recommendations for their release.
• Larger Bench Constitution: Chief Justice Manindra Mohan Shrivastava will form a larger Bench to resolve this matter authoritatively.

Indian Opinion Analysis

The decision to escalate this constitutional question exemplifies an vital push toward resolving ambiguities surrounding gubernatorial powers under Article 161. While one outlook prioritizes executive accountability and adherence to State Cabinet recommendations, another underscores gubernatorial independence when flaws or omissions exist in such recommendations. This divergence raises critical debates about balance within India’s federal structure.

An eventual ruling by a larger Bench may hold broader implications, not only addressing delays in legal processes but also redefining governance conventions between State executives and nominal heads (Governors). Upholding judicial consistency remains pivotal amidst these conflicting interpretations-a key hallmark necessary for federal harmony and effective rule-of-law implementation.

Read more: The Hindu