- The Supreme Court has sought responses from the Union government and the State of West Bengal regarding a plea challenging the constitutional immunity claimed by West Bengal Governor C.V. Ananda Bose against a molestation complaint.
- Article 361 of the Indian Constitution grants the President and State Governors immunity from legal proceedings during their term in office. The petitioner argued that the Governor cannot claim “blanket immunity” and that an investigation should proceed.
- The Supreme Court has agreed to examine the extent of immunity granted to Governors under Article 361(2), which states that “no criminal proceedings whatsoever shall be prosecuted or continued against the Governor of a State in any court during his term of office.”
- The petitioner emphasized that without an investigation, victims are left without recourse due to the blanket immunity provided under Article 361. The Supreme Court’s involvement highlights the need for clear guidelines on the extent of immunity granted to constitutional functionaries, ensuring accountability and justice in cases of serious allegations like sexual harassment.
- This issue raises broader questions about balancing the protection of high offices with the need for accountability. The objective behind granting immunity is to protect high officials from malicious litigation, but it should not bar legitimate investigations, especially in serious allegations. Ensuring timely and fair investigation processes can help maintain the integrity of both the office and the legal system.
Dig Deeper: Powers of Governor under the constitution and comparison with powers of the President.
