What do you need to know about Article 361?

Indian Presidents and governors are immune from criminal prosecution under the Constitution.

Article 361: A female Raj Bhavan employee has accused West Bengal Governor CV Ananda Bose of molestation.

Raj Bhavan and Trinamool Congress are at odds over the allegations, which the Governor dismissed as an "engineered narrative."

In response, West Bengal Minister Chandrima Bhattacharya accused the Governor of "insulting women" and questioned PM Modi's upcoming visit to the state for the Lok Sabha elections 2024 campaign. PM Modi is expected to stay at Raj Bhavan.

Due to Article 361 of the Indian Constitution, the Kolkata police cannot name Governor CV Ananda Bose in the case based on the statements made by the Raj Bhavan employee.

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What do you need to know about Article 361?

According to the Constitution, the President of India and the Governors of states are immune from criminal prosecution.

The article says the President and Governor aren't responsible for anything they do or purport to do in exercising or performing their powers and duties.

A subclause in Article 361 states that, No criminal proceedings shall be instituted or continued against a state's president or governor, and a process cannot be issued against a state's president or governor during the term of his office to arrest or imprison him.

Senior advocate, Sanjay Hegde, argues that it is a neat question of law that has yet to be answered whether immunity covers anything beyond their constitutional duties.

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