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The domain being traversed in the Rajiv Gandhi assassination case is alien to the Constitution The discretionary powers of the Governor are once again at the centre of a fresh controversy to decide on the remission of seven convicts in the Rajiv Gandhi assassination case. A Supreme Court Bench led by Justice Ranjan Gogoi, while disposing a writ petition, recorded that the petitioner, A.G. Perarivalan ( in picture ), had filed an application before the Tamil Nadu Governor and that the “authority concerned will be at liberty to decide the said application as deemed fit”. Following this, the Tamil Nadu Cabinet adopted a resolution recommending that the Governor release the seven convicts under Article 161 of the Constitution. Subsequently, Raj Bhavan issued a press release explaining that the case involves “examination of legal, administrative and Constitutional issues” and “necessary consultation may be carried out, when required, in due course”. This communique seems to have been drafted to give the impression that the Governor is meticulously assessing the merits of the issue at hand, but it does not mention whether the Governor’s office is vested with any such powers to apply his mind and exercise his discretion under the Constitution. Article 161 of the Constitution provides the Governor with the power to “remit or commute the sentence of any prisoner”. The Governor’s decision will be subject to judicial review by the constitutional courts. Nevertheless, the immediate question is whether there is an independent, discretionary power vested with the Governor with regard to Articles 161 and 163 of the Constitution.
Source : https://www.thehindu.com/todays-paper/tp-opinion/governors-discretion/article25023768.ece
