Constitutional Immunities of Governor to be Examined.
Table of Contents
Introduction to the Constitutional Immunities of Governor UPSC
Welcome to PreCrack! Recently, Supreme Court of India has allowed to examine of the constitutional provision for the Constitutional Immunities of Governor UPSC. This all mess has been started after the contractual women employee has filed an plea for Sexual harassment for the Governor of West Bengal.
This news or event has fired this topic to be one of the most important for the UPSC Mains Exam for 2024 and UPSC Prelims 2025. If you are preparing for the UPSC CSE 2025 or UPSC Mains Exam 2024, then this topic is very important for you to know about. In this blog, we have explained this topic related to the Governor’s Constitutional Immunities, powers of governor, responsibilities of governor and perks that governor enjoy during their complete term.
So, let’s start-
What is the news about Governor’s Constitutional Immunities?
On July 19, the Supreme Court agreed to review Article 361 of the Indian Constitution, which grants governors immunity from criminal prosecution. Chief Justice D.Y. Chandrachud’s bench issued a notice to the West Bengal government in response to a plea by a contractual woman employee alleging molestation by State Governor C.V. Ananda Bose.
The petitioner seeks judicial scrutiny of the constitutional provision granting immunity to governors. The court has also requested assistance from Attorney General R. Venkataramani and directed the petitioner to include the Centre in her plea. Article 361 exempts the president and governors from court accountability concerning their official duties, conflicting with Article 14’s right to equality.
Source – The Hindu
What are the Powers of Governor?
Constitutional Immunities of Governor are often related to their powers. The Governor of an Indian state has several powers and functions, which can be broadly categorized into executive, legislative, judicial, and discretionary powers:
Executive Powers – Powers of Governor in India
- Administrative Head: The Governor is the executive head of the state and all executive actions are carried out in their name.
- Appointments: Appoints the Chief Minister and, on the Chief Minister’s advice, the other ministers. Also appoints the Advocate General, the Chairman and members of the State Public Service Commission, and judges of the state judiciary.
- Union Government Liaison: Acts as a representative of the central government in the state.
Legislative Powers – Powers of Governor in India
- Summoning and Proroguing: Can summon, prorogue, and dissolve the state legislative assembly.
- Addressing the Legislature: Addresses the state legislature at the beginning of the first session after each general election and at the first session of each year.
- Bills: Can give assent to bills passed by the state legislature, withhold assent, or reserve the bill for the President’s consideration.
- Ordinances: Can promulgate ordinances when the legislature is not in session, which have the same effect as laws passed by the legislature.
Financial Powers – Powers of Governor in India
- State Budget: Ensures the state budget is presented to the legislature.
- Money Bills: No money bill can be introduced in the legislature without the Governor’s recommendation.
Judicial Powers – Powers of Governor in India
- Clemency Powers: Can grant pardons, reprieves, respites, or remissions of punishment, or suspend, remit or commute sentences of any person convicted of any offense.
Discretionary Powers – Powers of Governor in India
- President’s Rule: Can report to the President of India if the state government cannot function according to the constitutional provisions, leading to President’s Rule in the state.
- Decision-Making: Can take certain decisions at their discretion, such as reserving a bill for the President’s consideration or deciding on the formation of a government when no party has a clear majority in the state legislature.
Other Powers – Powers of Governor in India
- Special Responsibilities: Certain states have specific provisions in their constitution granting the Governor special responsibilities, such as maintaining law and order in specific regions or protecting the interests of tribal communities.
Read Also | What is Article 361 of the Indian Constitution? – Provision, Interpretation, Top 30 UPSC Questions
What are Constitutional Immunities of Governor?
The Governor of an Indian state is granted certain immunities under the Constitution of India, primarily outlined in Article 361. These immunities are designed to protect the Governor in the execution of their official duties and ensure the smooth functioning of the state government. Here are the details:
Article 361: Protection of President and Governors – Constitutional Immunities of Governor
Immunity from Legal Proceedings – Constitutional Immunities of Governor
- Clause (1): Immunity from Criminal Proceedings: The Governor is not answerable to any court for the exercise and performance of the powers and duties of their office. This means that while they are in office, they cannot be prosecuted in any criminal case.
- Clause (2): Civil Proceedings During Office: No civil proceedings can be instituted against the Governor in respect of any act done or purporting to be done in their personal capacity, whether before or after entering office, until two months have elapsed after a notice in writing has been delivered to the Governor stating the nature of the proceedings and the cause of action.
Scope of Immunity – Constitutional Immunities of Governor
- Official Acts: The immunity covers all actions performed by the Governor in the exercise of their official duties. This protection is essential for ensuring that the Governor can perform their constitutional duties without fear of legal retribution.
- Discretionary Powers: Actions taken under the discretionary powers granted to the Governor by the Constitution are also covered by this immunity. This includes decisions like reserving a bill for the President’s consideration or recommending President’s Rule in the state.
Exceptions and Limitations – Constitutional Immunities of Governor
- Personal Capacity: While the Governor enjoys broad immunity for official acts, actions taken in a personal capacity can still be subject to civil proceedings after following the due process outlined in Article 361.
- End of Term: The immunity from criminal proceedings only applies while the Governor is in office. Once their term ends, they can be subject to criminal prosecution for any alleged wrongdoings during their tenure.
- Judicial Scrutiny: Despite the immunity, the actions of the Governor can still be subject to judicial review in terms of their constitutional validity. For example, the decision to dissolve a state assembly can be challenged in court.
Constitutional Safeguard – Constitutional Immunities of Governor
- Purpose: The constitutional immunity is designed to ensure that the Governor can perform their duties without undue interference or influence. It allows them to make impartial decisions and act in the best interests of the state without fear of personal legal consequences.
Perks that Governor Enjoy during their term
The Governor of an Indian state enjoys a range of perks and privileges during their term in office. These benefits are designed to support the Governor in fulfilling their constitutional duties and to maintain the dignity of the office. Here is a detailed overview of the perks and privileges that Governors enjoy including Constitutional Immunities of Governor:
1. Official Residence
- Raj Bhavan: The Governor is provided with an official residence known as Raj Bhavan, which is typically a grand, well-maintained building with extensive grounds. Raj Bhavans are historical and architectural landmarks in many states.
- Staff and Maintenance: The residence is maintained by the state government and comes with a full complement of household staff, including cooks, cleaners, gardeners, and security personnel.
2. Salary and Allowances
- Salary: The Governor receives a fixed salary determined by the Parliament of India. As of recent updates, the salary is approximately ₹350,000 per month.
- Allowances: In addition to the salary, Governors receive allowances to cover expenses related to travel, hospitality, and other official duties.
3. Travel and Transport
- Official Vehicles: The Governor is provided with official vehicles, usually a fleet of cars, which are maintained by the state government. These vehicles are often equipped with special security features.
- Travel Expenses: All travel expenses for official duties, including domestic and international travel, are borne by the state government. This includes expenses for air travel, accommodation, and other logistics.
4. Medical Facilities
- Healthcare: Governors and their immediate family members are entitled to free medical treatment at state-run hospitals. They may also avail of medical facilities at government-recognized private hospitals if required.
- Medical Staff: The Governor’s residence often has access to medical staff, including doctors and nurses, to ensure prompt medical care.
5. Security
- Personal Security: The Governor is provided with a high level of personal security, including a dedicated team of security personnel and, in some cases, special security forces.
- Residence Security: Raj Bhavan is secured with advanced security systems and protocols to ensure the safety of the Governor and their family.
6. Domestic Staff
- Household Staff: The Governor’s residence includes a full complement of domestic staff, including cooks, cleaners, gardeners, and attendants, to manage the household and support the Governor’s daily needs.
- Official Staff: The Governor has access to a team of official staff, including secretaries, assistants, and other administrative personnel, to assist in performing official duties.
7. Entertainment and Hospitality
- Official Functions: The Governor hosts numerous official functions, receptions, and ceremonies at Raj Bhavan. The expenses for these events are borne by the state government.
- Hospitality Budget: A dedicated budget is allocated for hospitality expenses to ensure that guests and dignitaries are hosted appropriately.
8. Ceremonial Role
- Protocol and Honors: The Governor enjoys a high ceremonial status and is accorded special honors and protocol during public events and functions.
- Official Visits: During visits to various parts of the state, the Governor is received with full ceremonial honors, including guard of honor, red carpet welcomes, and other state protocols.
9. Pension and Post-Retirement Benefits
- Pension: After completing their term, Governors are entitled to a pension. The amount is determined based on the length of their tenure and the rules set by the government.
- Post-Retirement Facilities: Some states provide additional benefits to former Governors, such as a residence, domestic help, and medical facilities.
FAQs related to Governor’s Constitutional Immunities UPSC
Question-1: What are the Constitutional Immunities of Governor in India?
Answer. The Constitutional Immunities of Governor, as stipulated in Article 361, provide immunity from criminal prosecution and civil proceedings for acts done in their official capacity during their term in office.
Question-2: Which Article of the Indian Constitution grants Immunities to Governor?
Answer. Article 361 of the Indian Constitution grants immunity to Governors, and explains about Constitutional Immunities of Governor by protecting them from legal proceedings for actions done in the exercise of their official duties.
Question-3: How does Article 361 impact the powers of Governors in India?
Answer. Article 361 strengthens the powers of Governors by providing immunity from legal actions, enabling them to perform their duties without the threat of personal legal consequences.
Question-4: Can a Governor be prosecuted for criminal acts committed before assuming office?
Answer. No, the immunity under Article 361 applies only to acts done in the exercise of official duties during the term. Criminal acts committed before assuming office are not covered.
Question-5: What are the exceptions to the Constitutional Immunities of Governor under Article 361?
Answer. The exceptions include actions taken in a personal capacity or after the term ends. Criminal proceedings can be initiated against the Governor after two months’ notice of the alleged act.
Question-6: How does the Supreme Court address issues related to the Governor’s immunity?
Answer. The Supreme Court examines challenges to the Constitutional Immunities of Governor, ensuring that the provisions of Article 361 do not conflict with other constitutional rights and principles, such as the right to equality.
Question-7: What is the significance of the Governor’s immunity for the functioning of the state government?
Answer. The Constitutional Immunities of Governor ensures impartiality and protection while performing constitutional duties, maintaining the dignity and independence of the office.
Question-8: Does the Governor’s immunity extend to civil proceedings related to official acts?
Answer. Yes, the Governor enjoys immunity from civil proceedings related to acts done in the discharge of official duties, unless notice is given two months prior to the commencement of such proceedings.
Question-9: How has the judiciary interpreted the scope of Article 361 in recent cases?
Answer. The judiciary has interpreted Article 361 to ensure that while Governors have immunity, it is not absolute, and their actions are subject to scrutiny to prevent abuse of power.
Question-10: What steps can be taken if a Governor’s action is deemed unconstitutional or unlawful?
Answer. If a Governor’s action is challenged as unconstitutional or unlawful, the matter can be brought before the Supreme Court or High Court, which can review the action’s legality and constitutionality.
