- A complaint alleging sexual harassment has been filed in Kolkata against West Bengal Governor C V Ananda Bose.
- Constitutional immunity bars the police from naming the Governor as an accused or even investigating the case.
- Article 361 of the Constitution deals with immunity to the President and the Governors.
- The President, or the Governor or Rajpramukh of a State, 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.
- No criminal proceedings whatsoever shall be initiated or continued against the President, or the Governor of a State, in any court during the term of his office.
- No process for the arrest or imprisonment of the President, or the Governor of a State, shall be issued from any court during his term of office.
- 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 as President, or as Governor of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor.
- The Constitution contemplates a complete bar against prosecuting the Governor. He cannot be named an accused.
- The police can act only after the Governor ceases to be in office, which is when either the Governor resigns or he no longer enjoys the confidence of the President.
- In Rameshwar Prasad v Union of India (2006) judgement, the Supreme Court outlined the immunity enjoyed by the Governor even on allegations of personal malafides, the Supreme Court held that the position in law is that the Governor enjoys complete immunity.
Dig Deeper: Learn about powers of the governor and compare it with powers of President
