5th July 2024 (9 Topics)
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Article 361 and Immunity Challenge
In a significant development, a woman who formerly worked at the Raj Bhawan has moved the Supreme Court challenging the immunity granted to West Bengal Governor CV Ananda Bose under Article 361 of the Indian Constitution. She has accused the Governor of sexually assaulting her and argues that Article 361 should not prevent police investigation and criminal proceedings in such cases.
What is Article 361?
- Article 361 of the Constitution of India provides immunity to the President of India and Governors of states from certain legal actions during their term in office.
- This constitutional provision aims to safeguard the independence and functioning of these high offices without undue interference from legal proceedings.
- Key Provisions of Article 361
- According to Article 361(2), no criminal proceedings can be initiated or continued against the President or Governor of a State in any court during their term of office. This immunity extends to actions taken in the course of their official duties.
- The intent is to shield these officials from potential harassment or disruption caused by legal challenges during their tenure.
- Limitations of Immunity: While immunity prevents criminal proceedings and arrest warrants during their term, it does not provide absolute impunity for all actions.
- The immunity clause primarily covers acts done in the exercise of their official powers and duties. It does not shield them from prosecution once they leave office, nor does it extend to actions clearly outside the scope of their constitutional responsibilities.
Supreme Court’s Stance
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Subject of legal scrutiny
- Article 361 of the Indian Constitution serves as a crucial safeguard for the President and Governors, shielding them from certain legal actions during their term in office.
- However, the extent of this immunity remains a subject of legal scrutiny and interpretation, especially in cases where allegations of serious wrongdoing arise
Role of the Governor
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