ARTICLE 361 - POLITY
News: Immunity granted to Governor
under Article 361 is personal in nature: says High Court
What's in the news?
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An employee at the Raj Bhavan in Kolkata has
alleged that she was sexually harassed by West Bengal Governor C.V. Ananda
Bose. The woman also lodged a complaint at the Hare Street police station in
Kolkata.
Article 361 of the
Constitution:
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It states that the President and the Governors shall not be answerable to any court for
the exercise and performance of the powers and duties of his office or for
any act done by him in the exercise and performance of those powers and duties.
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No criminal proceedings shall be initiated or
continued against the President, or the Governor of a State, in any court
during the term of his office.
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No process for the arrest or imprisonment of the President, or
the Governor of a State, shall be issued from any court during his term of
office.
Judicial Pronouncements
Related to Constitutional Immunity:
1. Rameshwar Prasad v
Union of India, 2006:
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In this case, the Supreme Court outlined the
immunity enjoyed by the Governor even on allegations of personal malafides.
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He is not answerable to any Court for the exercise
and performance of his official duties.
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The ruling is not for criminal complaints but for
exercising discretionary constitutional powers.
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There are certain instances when criminal
proceedings were suspended till a Governor completed a term in office.
2. Demolition of the
Babri Masjid Case:
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In 2017, the Supreme Court allowed fresh charges of
criminal conspiracy against UP Chief Minister Kalyan Singh in the 1992
demolition of the Babri Masjid.
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However, the trial did not take place since he was
then the Governor of Rajasthan.
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Ruling by Court:
○
The court held that, being the Governor of
Rajasthan, he is entitled to immunity under Article 361 of the Constitution as
long as he remains Governor of Rajasthan.
○ The Court of Sessions will frame charges and move against him as soon as he ceases to be Governor