The Madras High Court ruled that the Governor must act based on the advice of the Council of Ministers while deciding on the premature release of prisoners. The judgment reinforces constitutional principles under Article 161, limiting discretionary powers of the Governor. The case is significant for clarifying the balance of power between the Governor and elected state government, especially in matters of remission and pardon of convicts.
The Madras High Court in April 2026 gave an important ruling on the powers of the Governor regarding the release of prisoners. The case was heard in Chennai, Tamil Nadu. It dealt with whether the Governor can act independently while deciding remission or pardon of convicts.
This issue came into news because of delays and disputes in approving the release of certain prisoners in Tamil Nadu.
1. Article 161 of the Constitution deals with:
A) Emergency powers
B) Governor’s pardon powers
C) Election Commission
D) Finance Commission
Answer: B
2. Governor acts on advice of Council of Ministers based on:
A) Judicial precedent
B) Personal discretion
C) Parliamentary system principle
D) International law
Answer: C
3. Which article is similar to Article 161 at Union level?
A) Article 32
B) Article 72
C) Article 356
D) Article 368
Answer: B
4. Madras High Court ruling limits:
A) Legislative power
B) Judicial review
C) Discretionary power of Governor
D) Election process
Answer: C
5. India follows which system of government?
A) Presidential
B) Parliamentary
C) Monarchy
D) Federal dictatorship
Answer: B
1. The power of the Governor to grant pardons is under which Article?
Answer: Article 161
2. In India, real executive power lies with whom?
Answer: Council of Ministers
Students often confuse Article 72 (President) with Article 161 (Governor).
Focus on constitutional articles and differences between Governor and President powers.