Which of the following statement/(s) is /are true with respect to Supreme Court Observation in A.G. Perarivalan vs The State Of Tamil Nadu State?
1. It highlighted that the Governor’s powers are qualified by the constitutional mandate, chiefly requiring them to act in aid and advice of the council of ministers
2. The bench headed by justice L Nageswara Rao ordered the freedom of one of the convicts in the Rajiv Gandhi assassination case.
3. The bench was of the opinion that there are three sources of power-Governor, Council of Ministers and the Constitution.
Show answer & explanation
Correct answer: B
Explanation
The correct answer is option 2 i.e. Both 1 and 2.
The correct answer is Both 1 and 2.
1. True – The Supreme Court highlighted that the Governor’s powers are qualified by the constitutional mandate, mainly requiring them to act on the aid and advice of the Council of Ministers under Article 161 (Governor’s power to grant pardons).
2. True – A bench headed by Justice L. Nageswara Rao exercised extraordinary powers under Article 142 and ordered the release of A.G. Perarivalan, one of the convicts in the Rajiv Gandhi assassination case, after serving more than 30 years in prison.
3. False – The court did not specifically state that there are “three sources of power” (Governor, Council of Ministers, and the Constitution). Instead, it emphasized the Governor’s constitutional limitations and reaffirmed the Council of Ministers’ authority in advising pardons.