Ref : https://www.thehindu.com/news/national/is-the-west-bengal-governor-immune-from-criminal-prosecution-amid-sexual-harassment-allegations-explained/article68144687.ece

Why in the news?

A worker at the Raj Bhavan in Kolkata has accused West Bengal Governor C.V. Ananda Bose of sexual harassment. The Woman lodged a complaint at the Hare Street police station in Kolkata.

Article 361 of the Constitution provides immunity to the Governor against criminal prosecution.

What is Article 361 of the Constitution?

Article 361 of the Constitution grants immunity to the President and Governors. It states that they are not subject to judicial scrutiny for the execution of their official powers and duties. 

Additionally, they cannot be held accountable for any actions taken or purportedly taken in the discharge of their official responsibilities.

Two crucial sub-clauses of Article 361:

1. No criminal proceedings can be initiated or maintained against the President or Governor of a State in any court throughout their term in office.
2. No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.

Summary

1. Governors are immune from legal liability for both their official and personal actions during their term in office.
2. They are not answerable to any court for their official duties and are immune from criminal proceedings.
3. However, civil proceedings can be initiated against them for personal actions after providing a two-month notice period.
4. Governors are immune to arrests or imprisonment while in office.
5. Additionally, the constitution allows for the prosecution (if a Governor commits a criminal offence during their term) once their term ends. This ensures that they are not above the law and are accountable for any unlawful actions.

Supreme Court on the immunities enjoyed by the Governor

Rameshwar Prasad v Union of India by the Supreme Court:

1. The Supreme Court clarified the immunity enjoyed by Governors, even in cases of alleged personal malfeasance.
2. The Governor is not answerable to any court for how they carry out their responsibilities or for any actions they take in fulfilling those duties.
3. This immunity extends to actions taken or purportedly taken by Governors in the exercise of their discretionary constitutional powers, emphasising their independence in decision-making.

Precedents of constitutional Immunity

1. In 2017, the Supreme Court permitted the filing of new charges of criminal conspiracy against several leaders involved in the 1992 Babri Masjid demolition.
2. However, the trial did not take place for former UP Chief Minister Kalyan Singh since he was then the Governor of Rajasthan.