Article 361

Article 361

Context: Article 361 of the Constitution grants immunity to the Governor against any criminal proceedings, including the allegation of sexual harassmentmade by an employee at the Raj Bhavna in Kolkata against West Bengal Governor C.V. Ananda Bose.

About Article 361:

• Scope of Immunity:
o Article 361 of the Constitution provides immunity to the President and Governors of States from legal liability for both their official acts and personal acts during their term of office.
o They are not answerable to any court for the exercise and performance of their powers and duties as defined by their office.
o They are also not liable for any act done or purportedly done in the exercise and performance of those powers and duties.
• Restrictions on Criminal Proceedings:
o No criminal proceedings whatsoever can be initiated or continued against the President or a Governor of a State in any court during their term of office.
o Likewise, no process for the arrest or imprisonment of the President or a Governor shall be issued from any court during their term of office.
• Civil Proceedings:
o While immunity protects them from criminal proceedings, civil proceedings can still be initiated against a Governor for personal acts, provided a two-month notice is given.
• Arrest or Imprisonment:
o The Governor cannot be arrested or imprisoned while holding office, as per Article 361 of the Constitution.
• Post-Term Prosecution:
o If a Governor commits a criminal offense during their term of office, they can be prosecuted once their term ends, ensuring accountability for any unlawful actions committed. This mechanism ensures that they are not above the law and can be held responsible for any unlawful acts committed during their tenure.

Supreme Court view:

• Rameshwar Prasad v Union of India:
o The Supreme Court, in this case, clarified the extent of immunity enjoyed by the Governor, stating that the Governor is not answerable to any court for the exercise of their powers and duties, including acts done in the performance of those powers, even when allegations of personal malafides are raised.
o The ruling affirmed that the Governor enjoys complete immunity from judicial scrutiny in matters related to the exercise of discretionary constitutional powers.
• Immunity from Criminal Proceedings:
o The immunity granted to Governors under Article 361 extends to criminal proceedings during their term of office.
o This was exemplified in the case of former Uttar Pradesh Chief Minister Kalyan Singh, who faced charges related to the Babri Masjid demolition but was protected from trial as he was serving as the Governor of Rajasthan at the time.
• Halting Criminal Actions During Governor\'s Term:
o The Supreme Court has upheld precedents where criminal actions against individuals, such as former Chief Ministers, were halted until the completion of their term as Governor.
o In such cases, individuals are shielded from prosecution until their tenure as Governor concludes, preserving the constitutional principle of immunity granted to Governors under Article 361 of the Constitution.