A Full Bench of the Madras High Court has authoritatively settled a constitutional conflict, ruling that under Article 161, the Governor is bound by the advice of the Council of Ministers regarding remission and premature release of convicts. This clarifies a key facet of India's parliamentary system and prevents gubernatorial overreach in state matters.
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- ›Constitutional Article: Article 161
- ›Key SC Case (1980): Maru Ramu case
- ›Target this Legal Point: Article 161 and its binding nature on Governor via Cabinet advice.
- ›Target this Nodal Body: Madras High Court Full Bench (Justices A.D. Jagadish Chandira, G.K. Ilanthiraiyan, Sunder Mohan).
- ›Target this Legal Precedent: Supreme Court's 1980 Maru Ramu case and 2022 A.G. Perarivalan case.
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