In a significant move, the Supreme Court on Friday agreed to scrutinize the scope of Article 361 of the Indian Constitution, which grants “blanket immunity” to governors from any form of criminal prosecution.
A bench led by Chief Justice D Y Chandrachud issued a notice to the West Bengal government in response to a plea filed by a contractual woman employee who has accused West Bengal Governor C V Ananda Bose of molestation. The petitioner has called for a judicial review of Article 361, which provides immunity to governors.
The Supreme Court has sought the assistance of Attorney General R Venkataramani to address the complexities surrounding this issue. Additionally, the court has directed the petitioner, an employee of the West Bengal Raj Bhavan, to include the central government as a party to her plea.
Article 361 is an exception to Article 14 of the Constitution, which guarantees the right to equality. It states that the president or a governor is not answerable to any court for the exercise of the powers and duties of their office.
The woman petitioner has requested the Supreme Court to issue guidelines defining the extent of immunity that governors enjoy from criminal prosecution. Her plea emphasizes the need for clear rules to prevent misuse of this constitutional provision.
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The petition arises from allegations of molestation against Governor C V Ananda Bose by the contractual employee. The case brings to light the broader issue of accountability and legal immunity granted to high-ranking officials, raising questions about the balance between constitutional protections and the right to seek justice.
