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Article
- Manuraj Shanmugasundaram talks about the controversy regarding power of governor to release convicts held in Rajiv Gandhi assassination case under article 161
Important analysis
- Supreme Court, disposed the mercy petition of convicts held in Rajiv Gandhi assassination case, observing Governor of Tamil Nadu is the final authority to take final decision
- Following this, the Tamil Nadu Cabinet adopted a resolution, recommending Governor to release the seven convicts, under Article 161 of the Constitution.
- However, governor house issued a press release mentioning case involves “examination of legal, administrative and Constitutional issues” and “necessary consultation may be carried out, when required, in due course”.
- Analysis of discretionary power of governor under Article 161
- Supreme Court in Nabam Rebia and Bamang Felix Deputy Speaker (2016), the discretionary power of the Governor is extremely limited and entirely comes under judicial review
- Apex court in Samsher Singh State of Punjab (1974) had held that the Governor should use its discretionary power in harmony with his Council of Ministers.
- Author says Governor should refrain from conferring discretionary powers to itself, and follow the judicial precedent laid by Supreme Court.
