Article 161 News Today

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The Perarivalan case could steer the debate towards the key obligations of governors under Article 161 - Issue Date: Jun 6, 2022

The recent ruling in the Perarivalan case, raises important questions about the exercise of powers by constitutional functionaries.

The Supreme Court ordered the release of AG Perarivalan, the convict in the assassination of former Prime Minister Rajiv Gandhi, after noting the considerable delay by the Governor in deciding his plea under Article 161.

The Supreme Court orally observed that nobody was above the law and that a Governor of a state cannot stall the working of the Constitution.

“We are of the prima facie view that cases of these prisoners should have been considered under the 2018 policy as their names were not considered at that time,” the bench said.

The question of remission should not be a matter of politics and electoral considerations 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. Is the Governor correct in putting the ball in the President’s court, contrary to the State Cabinet’s advice? It has often been stressed by the Supreme Court that the clemency powers of the President, under Article 72, ...