Supreme Court to look at immunity to Governors under Article 361

• The Supreme Court on Friday agreed to examine the question of immunity to Governors from any kind of criminal prosecution, granted under Article 361 of the Constitution.

Highlights:

• The Bench, headed by Chief Justice of India D Y Chandrachud, was hearing a plea filed by a contractual woman employee of West Bengal Raj Bhavan, who has alleged sexual harassment by Governor C V Ananda Bose.
• “The petition raises the issue as regards the interpretation of Clause (2) (of Article 361), more particularly when criminal proceedings would be construed to have been instituted in terms of the governing provisions of law,”
• The Bench, in its order, noted that the issue pertains to the “ambit of the protection which is afforded inter alia to the Governor under Article 361(2)”, and asked the woman to make the Union of India a party to the petition.
• Article 361(2) states: “No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office”.
• The court also sought the assistance of the Attorney General in dealing with the constitutional issue.
• The petitioner contended that the objective behind granting immunity under Article 361 was to insulate the head of the state from possible exposure to malicious publicity of his involvement in any offence instituted during his term of office.
• The Supreme Court will have to decide whether sexual harassment and molestation form part of “discharging or performing duties by the Governor” to grant him blanket immunity under Article 361.

Prelims Takeaway:

• Governor Power
• Centre state relations