Governor Bound by Cabinet Advice in Remission Decisions: Madras High Court

The Madras High Court held that the Governor is constitutionally bound by the State Cabinet's aid and advice regarding the premature release of convicts under Article 161.

The Bench clarified that the Governor cannot exercise independent discretion or reject recommendations for remission, regardless of personal agreement with the advice.

Relying on Supreme Court precedents like Maru Ram and AG Perarivalan, the Court emphasized that the Governor acts as a constitutional head and must follow the elected government's decision.

The Court noted that any challenge to such Cabinet decisions must be addressed through judicial review rather than gubernatorial override.

[Eswaran v. State of Madras & Ors.]