Amid sexual harassment complaint against West Bengal Governor

Amid sexual harassment complaint against West Bengal Governor, a look at how Article 361 provides immunity

Constitutional immunity bars the police from naming the Governor as an accused or even investigating the case. However, there are several precedents where criminal action was halted till a Governor completed his term in office.

Even as a complaint alleging sexual harassment has been filed in Kolkata against West Bengal Governor C V Ananda Bose, Constitutional immunity bars the police from naming the Governor as an accused or even investigating the case.

Article 361 of the Constitution that deals with immunity to the President and the Governors states that they “shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties…”

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