Article 361


recently west Governor of Bengal against sexual harassment allegation while applying filed a complaint Has been.

  • however, Constitutional immunity prevents police from identifying the governor as a suspect or investigating the case.

related facts

  • Constitutional exemption: Under Article 361, The Constitution places a complete ban on prosecuting the Governor.
    • Police Can take action only after the Governor leaves office, That is, when either the Governor resigns or he does not receive the confidence of the President.

Article 361 of the Constitution

  • It states that The President and the Governor to exercise and perform the powers and duties of their offices. or done by him in the exercise and performance of those powers and duties Will not be answerable to any court for any work.
  • against the President or the Governor of any State during his term of office No criminal proceedings shall be instituted in any court Or will not be continued.
  • No proceedings for the arrest or imprisonment of the President or the Governor of any State shall be initiated in any court during his tenure.

Judicial provisions related to constitutional immunity

  • In the case of Rameshwar Prasad vs. Union of India, 2006: In this case, the Supreme Court The immunity enjoyed by the Governor on allegations of personal malfeasance has also been underlined.
    • For the performance of his official duties Not answerable to any court.
    • it The decision is not for criminal complaints but for the exercise of discretionary constitutional powers.

Instances when criminal proceedings were suspended until the completion of the Governor's term:

  • Babri Masjid demolition case: In the year 2017, the Supreme Court Demolition of Babri Masjid in 1992 In UP Chief Minister Kalyan Singh's Against New charges of criminal conspiracy allowed.
    • However, the case did not proceed as he was the Governor of Rajasthan at that time.
  • Judgment by the 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 the Governor of Rajasthan.
    • As soon as he ceases to be the Governor, the Sessions Court will frame charges against him and take action.

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