Constitutional Immunity Shielding Governors: Understanding Article 361
(Judicial Quest News Network)
In the intricate web of legal frameworks governing India, Article 361(2) and (3) of the Constitution stand as formidable guardians, shielding the President, Governors, and Rajpramukhs from the tumult of criminal proceedings during their tenures. The sanctity of this protection was reaffirmed in landmark judgments by the Hon’ble Supreme Court, fortifying the immunity enjoyed by these high-ranking officials.
A pivotal ruling in Union Carbide Corporation & Others v. Union of India and Others (1991 4 SCC 584) by a Constitution Bench elucidated the expansive scope of Article 361(2), emphasizing that it extends beyond official duties to safeguard even personal acts of the President and Governors. Furthermore, the apex court, in Rameshwar Prasad and Others (VI) v. Union of India and Another (2006 2 SCC 1), underscored the absolute immunity conferred upon Governors, leaving no room for ambiguity.
However, recent developments have stirred a legal conundrum regarding the extent of this immunity in the face of police inquiries. Reports circulating in the media suggest a proposed inquiry by the police, with intentions to scrutinize the staff and collect CCTV footage from the Raj Bhavan.
The crux of the matter lies in reconciling the powers of law enforcement agencies with the constitutional protection accorded to Governors under Article 361. Can the police conduct inquiries or gather evidence despite the shield provided by the Constitution?
The answer, rooted in constitutional principles, is a resounding negation. The immunity granted to Governors precludes any semblance of police interference, be it preliminary inquiries or the registration of FIRs. The very essence of Article 361 would be compromised if such investigative actions were permitted during a Governor’s tenure.
Hence, it becomes imperative to affirm that the state Police are constitutionally barred from initiating any form of inquiry or investigation against the Hon’ble Governor under Article 361(2) and (3) of the Constitution of India.
In light of this legal clarity, all staff, employees, and personnel associated with the Raj Bhavan are hereby instructed to disregard any communication from the police regarding inquiries or statements. This directive, effective immediately, aims to uphold the constitutional integrity enshrined in Article 361.
For immediate dissemination of this directive, Chief of Staff Dr. SK Pattanayak is tasked with communicating it to all concerned parties without delay.
