Article 361 Granting Immunity to Governors
Source: Indian Express
GS II: Constitution of India and Indian polity
Overview
- News in Brief
- Article 361 Granting Immunity to Governors
- Recent Developments
- Conclusion
Why in the News?
In a major development decided to hear the blanket constitutional immunity granted to State Governors from court proceedings, after hearing a plea filed.
News in Brief
- A three-judge bench of the top court, led by the Chief Justice of India (CJI) rendered his assistance in the case.
- Also issued notice to the West Bengal government on the plea filed by the woman contractual staffer.
- While seeking a response from the state government and other parties within three weeks.
Article 361 Granting Immunity to Governors
Article 361 of the Indian Constitution is a significant provision that grants immunity to the President and Governors of states from legal proceedings. This article ensures that these high-ranking officials can perform their duties without the constant threat of litigation.
Overview of Article 361
Article 361 provides the President and Governors with immunity from legal liability for their official acts and personal acts during their term of office.
The key provisions of Article 361 are as follows:
- Clause (1): The President or the Governor is not answerable to any court for the exercise and performance of the powers and duties of his office or any act done or purporting to be done by him in the exercise and performance of those powers and duties.
- Clause (2): 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.
- Clause (3): No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.
- Clause (4): No civil proceedings in which relief is claimed against the President or the Governor of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office, until the expiration of two months next after notice in writing has been delivered to the President or the Governor.
Rationale Behind Article 361
The primary rationale for granting such immunity is to ensure that the President and Governors can perform their constitutional duties without fear of legal repercussions. This immunity is intended to protect the dignity and authority of these high offices and to prevent frivolous or politically motivated lawsuits that could hinder their functioning.
Implications of Article 361
- Protection from Legal Proceedings:
- The immunity provided under Article 361 ensures that the President and Governors are not distracted by legal battles while in office. This allows them to focus on their constitutional responsibilities.
- Controversies and Criticisms:
- While the immunity is meant to protect the dignity of the office, it has also been a subject of controversy. Critics argue that it can potentially shield officials from accountability, especially in cases of serious allegations.
- Recent debates have arisen regarding the extent of this immunity, particularly in cases involving allegations of criminal conduct. For instance, the Supreme Court of India is currently reviewing the provisions of Article 361 in light of a plea involving alleged molestation by a state Governor.
- Judicial Review and Accountability:
- The ongoing judicial review of Article 361 highlights the need to balance immunity with accountability. The Supreme Court’s examination of this provision may lead to guidelines that ensure immunity does not become a tool for evading justice.
Recent Developments
- The Supreme Court of India has recently agreed to examine the scope of Article 361, particularly in the context of criminal proceedings against Governors.
- This review was prompted by a plea involving allegations of molestation against the Governor of West Bengal.
- The petitioner argued that the immunity granted under Article 361 should not bar investigations into serious criminal allegations, emphasizing the need for timely probes to gather evidence.
Conclusion
- Article 361 of the Indian Constitution plays a crucial role in protecting the President and Governors from legal proceedings, allowing them to perform their duties without fear of litigation.
- However, the provision also raises important questions about accountability and the potential for misuse.
- The ongoing judicial review by the Supreme Court may lead to a more nuanced understanding of this immunity, ensuring that it serves its intended purpose without compromising justice.
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