GOVERNOR – POLITY (STATE EXECUTIVE)
NEWS: Supreme
Court agrees to examine constitutional provision granting immunity to Governors
WHAT’S
IN THE NEWS?
Issue:
- The Supreme Court sought responses from the Union Government and
the State of West Bengal regarding a plea by a former Raj Bhavan employee.
- The plea challenges the constitutional immunity from legal
proceedings claimed by Governor C.V. Ananda Bose against a molestation
complaint.
Constitutional Immunity:
- Article 361 of the Constitution grants the President and Governors
immunity from legal proceedings during their term in office.
- The petitioner argues that the Governor cannot claim "blanket
immunity" and that the complaint should be investigated.
Supreme Court Action:
·
A
Bench headed by Chief Justice of India D.Y. Chandrachud issued notice,
impleaded the Union, and sought assistance from the Attorney General of India.
Petitioner's Argument:
- Represented by senior advocate Shyam Divan, the petitioner argued
for an investigation into the complaint.
- The petitioner urged the court to direct the police to begin the
investigation and record the Governor's statement.
- The petitioner also sought guidelines specifying the contours of
immunity for constitutional functionaries.
Court's Observations:
- The court noted the petition raises issues about the scope of
protection under Article 361(2), which states that no criminal proceedings shall be prosecuted or continued
against a Governor during their term in office.
Additional Requests:
- The petitioner sought protection for herself and her family, along
with compensation.
Background:
- The woman filed the police complaint in May.
- The Calcutta High Court had stayed proceedings on an FIR lodged
against the Officer on Special Duty (OSD-II) to the Bengal Governor, who
was accused of pressuring the woman to not file the complaint against the
Governor.
Article 361: Protection of President and Governors
Immunity from Prosecution:
- Grants immunity to the President and Governors from prosecution
while in office.
- No criminal proceedings can be started or continued against them
during their term.
Personal Non-Answerability:
- President and Governors are not personally answerable to any court
for their official actions.
Review of Conduct:
- The conduct of the President can be reviewed by a court, tribunal,
or body appointed by Parliament for charges under Article 61
(impeachment).
No Arrest Warrants:
- Courts cannot issue arrest warrants against the President or
Governors.
Civil Proceedings:
- Civil proceedings for actions in their personal capacity can only
be initiated with a prior 2 months’ notice.
President and governor enjoys exception under Article
14: right to equality
Source : https://www.thehindu.com/news/national/sc-agrees-to-examine-constitutional-provision-granting-immunity-to-governors/article68421078.ece