CHENNAI: Welcoming the SC verdict to release AG Perarivalan, Chief Minister MK Stalin on Wednesday said," The verdict has established that Governors cannot interfere in political and policy decisions of State governments. This verdict is not just a victory for human rights, but is a victory for State rights and federalism in India."
Talking to reporters at the secretariat, the CM said, “The order has, in a resounding manner, established the rights of State governments... the judges have said that the Governor has no powers to interfere in policy decisions of the State government and when Governor becomes inactive, court will intervene. The judges have also clarified that the court need not consult the Union government on the issue."
Questioned about the release of other six convicts in the Rajiv Gandhi assassination case, Stalin said, "The government will study the full verdict and take steps for release of other convicts." In a statement, the CM also recalled the 30-year-long legal battle to release Perarivalan and said Tamil Nadu government lawyers had put forth strong views before the SC and the State government’s right to release him under Article 161. The three-judge Bench of the SC in its 29-page verdict has dealt in detail the powers of State government and Governor and how the Governor is bound by the decision of the government.
The judges also referred to the verdict given in Maru Ram Vs Union of India which summed up the position of the Governor with respect to Article 161. "...the Governor is the formal head and sole repository of the executive power but is incapable of acting except on, and according to, the advice of his Council of Ministers. The upshot is that the State government, whether the Governor likes it or not, can advise and act under Article 161, and the Governor is bound by that advice," the judges had said.
“The action of commutation and release can thus be pursuant to a governmental decision and the order may be issued even without the Governor's approval although under the rules of business and as a matter of constitutional courtesy, it is obligatory that the signature of the Governor should authorise the pardon, commutation or release," the apex court had ruled in the case.
“The Governor occupies the position of head of executive in the State but it is virtually the Council of Ministers that carries on the executive government. In Indian Constitution, therefore, we have the same system of the parliamentary executive as in England and the Council of Ministers consisting, as it does, of the members of the legislature is, like the British Cabinet, a hyphen which joins, a buckle which fastens the legislative part of the State to the executive part," the SC said in the Maru Ram case.