What is Article 361? Constitutional immunities protecting Bengal Governor in ‘molestation’ case

West Bengal Minister Chandrima Bhattacharya accused the Governor of “insulting girls” and questioned Prime Minister Narendra Modi’s upcoming go to to the state for the Lok Sabha elections 2024 marketing campaign. PM Modi is scheduled to remain at Raj Bhavan throughout his go to. 

The Kolkata police have filed a police grievance within the case based mostly on the statements given by the Raj Bhavan worker, however they can not identify Governor CV Ananda Bose within the case as a result of immunities offered underneath Article 361 of the Indian Structure. 

What’s Article 361? 

Article 361 of the Structure of India offers with immunities granted to the President of India and Governor of states, which shield them from felony proceedings and arrest. The article states that the President and Governor “shall not be answerable to any courtroom for the train and efficiency of the powers and duties of his workplace or any act completed or purporting to be completed by him within the train and efficiency of these powers and duties.”

Furthermore, Article 361 has two sub-clauses that state that 1. no felony proceedings in any respect shall be initiated or continued towards the President or the Governor of a State in any courtroom through the time period of his workplace, and a couple of. no course of for the arrest or imprisonment of the President or the Governor of a State shall concern from any courtroom throughout his time period of workplace.

“Article 361(2) states {that a} felony case can’t be initiated towards the President and Governor within the courtroom of regulation. However, the FIR is registered by the police. So, technically, police can register an FIR and examine,” advocate Vikas Singh informed PTI. 

“As per Article 361 of the Structure, the Governor and the President are immune from answering something within the courtroom of regulation to train their constitutional duties. Subsequently, it’s a neat query of regulation that has not but been determined whether or not the immunity clause additionally covers something past the course of these duties,” one other senior advocate, Sanjay Hegde, added. 

What Supreme Courtroom mentioned within the matter?

As per The Indian Categorical, the Supreme Courtroom has upheld the immunities offered to the President and Governors by the Constitutions within the landmark Rameshwar Prasad v Union of India case and noticed that “the place in regulation is that the Governor enjoys full immunity.”

The apex courtroom ruling added, “Governor just isn’t answerable to any Courtroom for the train and efficiency of the powers and duties of his workplace or for any act completed or purporting to be completed by him within the train and efficiency of these powers and duties.” 

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Printed: 03 Could 2024, 07:35 PM IST