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A three-judge Bench has impleaded the Union government to decide if a “blanket” immunity granted under Article 361 to the President and Governors, while in office, from criminal proceedings undermines fairness and constitutional morality.
The question came up in a petition filed by a contractual woman employee with the Raj Bhavan who has accused West Bengal Governor C.V. Ananda Bose of sexual harassment and molestation.
Does Article 361 grant absolution to the Governor even against criminal charges?
Article 361 (1) provides that the President and Governors are not answerable to any court for acts done in exercise and performance of their powers and duties.
However the first proviso to Article 361(1) allows the conduct of the President to be reviewed by any court, tribunal or body designated by either House of Parliament for the investigation of a charge under Article 61 (impeachment for violation of the Constitution).
The second proviso to Article 361(1) holds that the immunity cannot stop a person from suing the Centre or State concerned
Clause (2) of Article 361 which mandates that “no criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office”
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