‘Blanket Immunity’ To Governors: Supreme Court To Review Article 361

New Delhi: The case of a female Raj Bhavan employee alleging West Bengal Gover CV Ananda Bose of sexual harassment opened a Pandora’s box.

The woman’s police complaint in May was redundant as the President of India and Governors of state receive immunity from legal proceedings during their term in office under Article 361 of the Constitution.

After the woman moved the Supreme Court earlier this month, the top court on Friday agreed to examine the contours of Article 361 which grants ‘blanket immunity” to governors from any kind of criminal prosecution.

Based on the petition of the contractual employee, who alleged molestation by Governor Ananda Bose, a bench headed by Chief Justice DY Chandrachud also issued a notice to the West Bengal government.

Directing the employee of West Bengal Raj Bhavan to also make the Centre a party to her plea, the Supreme Court sought the assistance of Attorney General R Venkataramani in dealing with the issue.

Article 361 is an exception to Article 14 (right to equality) of the Constitution and provides that the President or the Governor is not answerable to any court for the exercise of powers and duties of his office.

In her petition to the apex court, the woman has sought directions to frame specific guidelines under which Governors enjoy immunity from criminal prosecution.