Governor obliged to follow Cabinet advice, rules Madras High Court

The Madras High Court has ruled that the Governor must act in accordance with the decisions of the state Cabinet, reaffirming the legal limitations of the Governor’s discretionary powers. The ruling came in response to petitions challenging the Governor’s delay in taking action on decisions forwarded by the Tamil Nadu Cabinet, particularly regarding the premature release of a convict. The court emphasized that the Governor does not possess an independent moral right to overrule the Cabinet’s advice in such matters.

This ruling is significant as it not only references prior Supreme Court judgments but also reinforces the principle that the Governor, a constitutional figurehead, is bound by the advice of the state's executive body. The case in question pertained to a convict’s premature release, a decision that had been stalled by the Governor for an extended period. The court directed the Governor to reconsider the Cabinet's recommendations without delay, highlighting that any divergence from this course would violate established constitutional procedures.

Legal experts note that the judgment has far-reaching implications, particularly in states where friction between the Governor’s office and the elected government has led to administrative delays. This ruling sets a clear precedent, aligning with previous Supreme Court interpretations, that Governors are not vested with sweeping discretionary powers in matters already decided upon by the Cabinet. Instead, their role is largely ceremonial and bound by the Constitution.

The issue gained traction when legal scholars began questioning the Governor’s inaction on sensitive matters like clemency pleas and appointments, where delays can significantly impact governance. This ruling underscores the court’s stance that a Governor’s refusal to act upon the Cabinet’s advice would be both unconstitutional and detrimental to the democratic process. With the court's clear directive, the Governor is now compelled to act, reinforcing the principle that the executive authority rests primarily with the elected government.

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