A Division Bench (comprising two judges) of the Madras High Court has referred to a larger Bench (consisting of three judges or more) the issue of whether the Governor is bound by the advice of the Council of Ministers in matters relating to remission of sentence and premature release of convicts.
The Division Bench comprising Justices M.S. Ramesh and V. Lakshminarayanan said the larger Bench, to be constituted by Chief Justice Manindra Mohan Shrivastava, could also decide the circumstances under which the Governor would have the discretion to take a view different from that of the State Cabinet.
