×

UPSC Courses

DNA banner

DAILY NEWS ANALYSIS

  • 09 February, 2021

  • 5 Min Read

Issue of Tamil Nadu Governor under Article 161

Issue of Tamil Nadu Governor under Article 161

Context

  • Tamil Nadu Governor Banwarilal Purohit has decided that only the President can decide the issue of granting remission to the seven life convicts in the Rajiv Gandhi assassination case.

View of the Supreme Court

  • It has often been stressed by the Supreme Court that the clemency powers of the President, under Article 72, and the Governor, under Article 161, stand on an equal footing, and are exercised solely on Cabinet advice.

Article 161 in The Constitution Of India 1949

  • The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends

Limitation of A.161

  • The only limitation in Article 161 is that it should relate to “the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the State extends”.

Details

  • It may be that the Governor decided that it is beyond the State’s executive power because the Rajiv Gandhi case was tried under a central anti-terrorism law and under CBI probe.
  • Further, in a situation arising from the State government’s attempt in 2014 to remit their sentences under the Cr.P.C., the apex court had ruled in 2015 that such remission would require the Centre’s concurrence.
  • However, this is not a tenable argument, as the same judgment made it clear that its opinion was limited to the Cr.P.C. and would not bind the sovereign power conferred on the President or the Governor under the Constitution (A.72 and A.161).
  • Also, it cannot be forgotten that the apex court had dropped charges under the now-defunct TADA, and sentenced the convicts only under the IPC for the murder conspiracy.
  • As the only surviving sentences are under the IPC, there seems to be nothing in law that bars the Governor’s jurisdiction.

Conflict between the State cabinet and the Governor

  • It took Mr. Purohit more than two years — since the State Cabinet advised him in September 2018 to order the convicts’ release — to decide the question.

Centre’s dimension of ‘Zero tolerance’ toward crime

  • One could speculate that the delay reflected the Centre’s concern about releasing those involved in the plot to assassinate a former Prime Minister and its ramifications for its policy of ‘zero tolerance towards terror.

Humanitarian dimension

  • The Court should settle this. The convicts’ continuing incarceration for nearly 30 years, notwithstanding the gravity of their crime, has acquired a humanitarian dimension for many.

Way forward

  • It is vital that law and compassion, rather than politics and electoral considerations, form the basis for any decision on their release.

Source: TH


Group of Four (G4) on UNSC Reform

Group of Four (G4) on UNSC Reform Under the auspices of The Group of Four (G4), the External Affairs Minister of India met with his counterparts from Brazil, Germany, and Japan. Details about the news G4 discussed concerns pertaining to the UN Security Council reform during a meeting that took place alongside the 77th session of the

Draft Indian Telecommunication Bill 2022

Draft Indian Telecommunication Bill 2022 To control Internet-based OTT (Over-The-Top) telecom services, the Department of Telecommunications (DoT) recently announced the draught Indian Telecommunications 2022 Bill. ?????????????? What are the Draft Bill's Main Points? The Indian Telegraph Act, 1885, Indian Wireless Telegraph

Fly Ash

Fly Ash The National Green Tribunal (NGT) has emphasised the urgent need for Chhattisgarh to increase the use and disposal of fly ash. ??????? About 15 state, national, and privately owned electricity generating units are concentrated in Korba, Chhattisgarh, makes the situation much more dire. What is Fly Ash? Burning

Breakthrough Agenda Report 2022

Breakthrough Agenda Report 2022 The UN Climate Change High-Level Champions, the International Energy Agency (IEA), and the International Renewable Energy Agency (IRENA) have launched The Breakthrough Agenda Report 2022, which focuses on international cooperation to accelerate greenhouse gas emission reductions. What are the Report

International Year of Millets 2023

International Year of Millets 2023 In preparation for the International Year of Millets in 2023, the Ministry of Agriculture and Farmers Welfare has planned a number of pre-launch activities and initiatives to raise awareness and encourage involvement in the nation about the illustrious but long-forgotten golden grains. Numerous initiatives

Toppers

Search By Date

Newsletter Subscription
SMS Alerts