Article 361 provides immunity to the President and Governors from legal proceedings during their term

Article 361 provides immunity to the President and Governors from legal proceedings during their term

Subject: Polity

Sec:  Constitution

Context:

The Supreme Court of India agreed to delve into the provisions of Article 361 of the Indian Constitution, which provides “blanket immunity” to governors from any form of criminal prosecution.

More about News:

• The bench, led by Chief Justice DY Chandrachud, issued a notice to the West Bengal government concerning a plea filed by a contractual woman employee.
• The apex court asked the woman employee of West Bengal ‘Raj Bhavan’ to make the Centre a party to her plea as well. The woman alleged that she was molested by the state Governor CV Ananda Bose and is seeking judicial scrutiny of Article 361.
• 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 the powers and duties of his office.

Article 361:

• Article 361 of the Constitution that deals with immunity to the President and the Governors. It states that they shall not be answerable:
  • to any court for the exercise and performance of the powers and duties of his office; or 
  • for any act done or purporting to be done by him in the exercise and performance of those powers and duties.
• Article 361 grants the Governor of a State immunity from legal liability for their official acts and personal acts during their term of office.
• Governor cannot be held accountable to any court for their official duties, and no criminal proceedings can be initiated against them.
• Civil proceedings can be brought against them for their personal acts after two months’ notice. 
• The Governor also cannot be arrested or imprisoned while in office.
• Additionally, if Governor commits any criminal offense during their term of office, they can be prosecuted once their term ends. 
• This ensures that they are not above the law and can be held responsible for any unlawful actions.

Primary role of governors:

• Primary responsibility of a governor in India is to uphold, safeguard and enforce the Constitution and the laws of the land. In Articles 153 and 154 of the Constitution of India, governors are responsible for ensuring the smooth functioning of the state government while upholding the constitutional framework.

Historical context and precedents:

• In the landmark case of Rameshwar Prasad v. Union of India, the Court elaborated on the immunities granted to the governor, affirming that even allegations of personal malafides do not diminish this immunity. The ruling established that the governor is fully shielded under Article 361 not only from criminal complaints but also from actions related to the discretionary powers exercised in their constitutional role.

Supreme Court Verdict on the Rameshwar Prasad Case:

• Constitution Bench led by the then Chief Justice of India Y K Sabharwal delivered a decisive verdict on October 7, 2005.
• The Supreme Court ruled that the Governor should avoid getting involved in controversies like disqualifying members of the Legislative Assembly. Therefore, the Constitution includes provisions such as Article 192(2) and Article 103(2), which require the Governor to seek the opinion of the Election Commission and act
• The court criticized the Governor’s actions as insincere and claimed that the underlying motive was to prevent a political party from attempting to form the Government.