Supreme Court agrees to examine constitutional provision granting immunity to Governors

A bench headed by the Chief Justice also issued a notice to the West Bengal government on a plea of a contractual woman employee, who has alleged molestation by State Governor C.V. Ananda Bose

Updated - July 19, 2024 12:50 pm IST - New Delhi

A general view of the Supreme Court on July 18, 2024 in New Delhi.

A general view of the Supreme Court on July 18, 2024 in New Delhi. | Photo Credit: Shashi Shekhar Kashyap

The Supreme Court on July 19 agreed to examine the contours of Article 361 of the Constitution which grants "blanket immunity" to governors from any kind of criminal prosecution.

A bench headed by Chief Justice D.Y. Chandrachud also issued a notice to the West Bengal government on a plea of a contractual woman employee, who has alleged molestation by State Governor C.V. Ananda Bose.

Also read: Is the West Bengal Governor immune from criminal prosecution amid sexual harassment allegations? | Explained

She sought judicial scrutiny of Article 361 of the Constitution granting “immunity" to the governor.

The top court sought the assistance of Attorney General R. Venkataramani in dealing with the issue.

It asked the woman employee of West Bengal 'Raj Bhavan' to also make the Centre a party to her plea.

The article is an exception to Article 14 (right to equality) of the Constitution and provides that the president or the governor is not answerable to any court for the exercise of the powers and duties of his office.

The woman petitioner has sought directions to frame specific guidelines under which governors enjoy immunity from criminal prosecution.

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