What is Article 361? Constitutional immunities protecting Bengal Governor in ‘molestation’ case
Governor of "insulting women" and questioned Prime Minister Narendra Modi's upcoming visit to the state for the Lok Sabha elections 2024 campaign. PM Modi is scheduled to stay at Raj Bhavan during his visit. The Kolkata police have filed a police complaint in the case based on the statements given by the Raj Bhavan employee, but they can't name Governor CV Ananda Bose in the case due to the immunities provided under Article 361 of the Indian Constitution.
Article 361 of the Constitution of India deals with immunities granted to the President of India and Governor of states, which protect them from criminal proceedings and arrest. The article states that the President and Governor "shall not be answerable to any court for the exercise and performance of the powers and duties of his office or any act done or purporting to be done by him in the exercise and performance of those powers and duties." Moreover, Article 361 has two sub-clauses that state that 1. 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, and 2.
no process for the arrest or imprisonment of the President or the Governor of a State shall issue from any court during his term of office. "Article 361(2) states that a criminal case cannot be initiated against the President and Governor in the court of law. But, the FIR is registered by the police.
So, technically, police can register an FIR and investigate," advocate Vikas Singh told PTI. "As per Article 361 of the Constitution, the Governor and the President are immune from answering anything in the court of law to exercise their constitutional duties. Therefore, it is a neat question of law that has
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