Article 361 of Indian Constitution

Table of Contents

Context

A complaint of sexual harassment has been lodged in Kolkata against the Governor of West Bengal, C V Ananda Bose.
However, due to Constitutional immunity, the police are prohibited from listing the Governor as an accused or conducting an investigation into the case.

Article 361 of the Indian Constitution

Constitutional Immunity for Governors: Article 361 of the Indian Constitution provides that neither the President nor Governors can be held accountable in any court for actions performed in the course of their duties.
- It specifically prohibits criminal proceedings against them during their term of office and also prevents their arrest or imprisonment during this period.
Supreme Court Ruling in 2006 (Rameshwar Prasad v Union of India): The Supreme Court affirmed the full immunity granted to Governors, protecting them from legal action even if allegations of personal misconduct are made.
Historical Precedents of Immunity:
- In 2017, criminal conspiracy charges were allowed against several BJP leaders and the Governor of Rajasthan Kalyan Singh.
  - The Supreme Court clarified that Kalyan Singh while serving as the Governor of Rajasthan, was “entitled” to immunity under Article 361 of the Constitution.
  - The Court also noted that charges would be brought against him by the Court of Sessions once he no longer held the position of Governor.
- In 2017, Meghalaya’s Governor V Shanmuganathan resigned following prompts from the Central Government after being accused of sexual harassment by staff at Raj Bhavan.
- In 2009, N D Tiwari, the then Governor of Andhra Pradesh, resigned citing “health grounds” amidst allegations of involvement in a sex scandal at Raj Bhavan.

The “POSH Act” in India refers to the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
This legislation was enacted to ensure that women are provided a safe working environment and are protected against sexual harassment at all workplaces, be it in the public or private sector.
The Act was introduced following the landmark judgement of the Supreme Court in the Vishaka vs. State of Rajasthan case in 1997.

About POSH Act
Definition of Sexual Harassment	Includes unwelcome acts or behaviours such as physical contact, requests for sexual favours, and other unwelcome conduct of a sexual nature.
Coverage	Applies to all workplaces and covers all women, irrespective of their age or employment status.
Committees	Internal Complaints Committee (ICC): Mandatory for employers with ten or more employees. Headed by a woman. Minimum two female members, with at least one external member. Local Complaints Committee (LCC): For workplaces with less than 10 employees, a Local Complaints Committee at the district level must be formed. LCC, appointed by the state government, can instruct employers on necessary actions for victim protection.
Duties Of Employers	Includes providing a safe working environment, organising awareness programs, and assisting in the proceedings under the Act.
Redressal Mechanism	Victims can file a complaint with the ICC and LCC. The committee investigates and submits a report within 60 days. Employer action may include disciplinary measures, termination, or criminal prosecution.