Governor’s discretion

Governor’s discretion

Article

1. Manuraj Shanmugasundaram talks about the controversy regarding power of governor to release convicts held in Rajiv Gandhi assassination case under article 161 

Important analysis

2. 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
3. Following this, the Tamil Nadu Cabinet adopted a resolution, recommending Governor to release the seven convicts, under Article 161 of the Constitution.
4. 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”.
5. 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.

6. Author says Governor should refrain from conferring discretionary powers to itself, and follow the judicial precedent laid by Supreme Court.