SC agrees to examine constitutional provision granting immunity to governor
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New Delhi: The Supreme Court on Friday 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.
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.