ForumIAS LATEST
- 04 June | MGP Strategy Series | GS Paper 4 (Ethics) with AIR 7 A.R. Rajah Mohaideen Click Here to register for the session →
- 04 June | GS Advance Program begins from 4th June 2026 | First 2 classes open to all Click Here to register for the event →
- 05 June | MGP Strategy Series | GS Paper 3 Strategy Session with AIR 406 Mannat Luthra Click Here to register for the session
- 06 June | Open Orientation on Essay Guidance Program (EGP 2026) Click Here to register →
- 07 June | Open Orientation for Current Affairs for Mains 2026 Click Here to register →
- 07 June | Sociology Optional Strategy Session with AIR 10 Ujjwal Priyank Click Here to register →
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.
