- A petition by a contractual woman employee of the Raj Bhavan accusing the West Bengal Governor of sexual harassment.
- she contends that the absolute immunity granted to the Governor is outdated and allows her complaint to be ignored.
- A three-judge Bench led by the Chief Justice of India has involved the Union government and sought the Attorney General’s assistance to determine if the immunity granted to the President and Governors under Article 361, while in office, undermines fairness, constitutional morality, and violates the fundamental rights to equal protection of the law and fair trial.
- Article 361(1) grants the President and Governors immunity from court proceedings for actions performed in their official capacity.
- The first proviso allows for review by a designated body for impeachment purposes, while the second proviso does not prevent suing the government.
- Article 361(2) specifically states that no criminal proceedings can be initiated or continued against the President or Governor during their term.
- The Supreme Court is examining whether Article 361(2) provides unfettered immunity from criminal proceedings and when such proceedings can be instituted.
- Historical debates on this clause showed concerns about its vague language.
Dig Deeper: Read about immunity to the President and Governor in Civil cases.
