Madras High Court: Governor Bound by Cabinet on Prisoner Release

The Madras High Court ruled that the Governor is bound by the advice of the state cabinet regarding the premature release of convict prisoners.

Verified Facts

• The Supreme Court has consistently held that the Governor cannot exercise discretion under Article 161 of the Constitution.
• The Madras High Court bench answered a reference made by a division bench due to conflicting judgments on the issue.
• The Tamil Nadu legislature is fully empowered to take away the Governor's power to appoint Vice-Chancellors, the state told the Madras High Court.