The Supreme Court has agreed to review the scope of Article 361 of the Indian Constitution, which confers “blanket immunity” on governors from criminal prosecution.
A bench led by Chief Justice DY Chandrachud issued a notice to the West Bengal government regarding a plea from a female contractual employee who has accused state Governor C.V. Ananda Bose of molestation.
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She sought judicial review of Article 361 of the Constitution, which grants “immunity” to the governor. The apex court requested assistance from Attorney General R. Venkataramani to address the issue.
The court also directed the woman employee from West Bengal’s Raj Bhavan to include the Centre as a party in her plea.
Article 361 is an exception to Article 14 (right to equality) of the Constitution and states that the president or the governor is not answerable to any court for the exercise of the powers and duties of their office.
The woman petitioner has requested the review of specific guidelines under which governors enjoy immunity from criminal prosecution.