Governor’s Immunity Under Article 361 Scrutinized

Key Points

• 1The Supreme Court will hear a plea seeking to redefine the contours of the constitutional immunity enjoyed by the Governor.
• 2Article 361 shields the President and Governor from criminal prosecution and judicial scrutiny of their actions.
• 3The court is examining the interpretation of “criminal proceedings” and “process for the arrest or imprisonment” under Article 361.
• 4The case was brought by a contractual woman employee of West Bengal Raj Bhavan alleging sexual harassment by Governor C V Ananda Bose.
• 5The protection given to the President and the Governor can be traced to the Latin maxim rex non potest peccare.
• 6In 2017, the SC delayed the trial against then Rajasthan Governor Kalyan Singh.
• 7The US Supreme Court decided that former President Donald Trump is entitled to “absolute immunity” from criminal prosecution for official acts.