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Sexual harassment case: Here's why Bengal governor is immune to legal action
Governor Bose dismissed the accusations as politically driven. He said he would not succumb to orchestrated stories and added that the truth would prevail.
A contractual staffer at the Raj Bhavan in Kolkata has accused West Bengal governor CV Ananda Bose of sexual harassment. She filed a complaint at the Hare Street police station in Kolkata. However, Bose cannot face criminal charges while in office due to the constitutional immunity granted to his post.
Governor Bose dismissed the accusations as politically driven. He said he would not succumb to orchestrated stories and added that the truth would prevail.
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“Truth shall triumph. I refuse to be cowed down by engineered narratives. If anybody wants some election benefits by maligning me, God bless them. But they cannot stop my fight against corruption and violence in Bengal,” the statement from the governor said.
The Governor of a state is a constitutional post, as per Article 153, appointed by the President through a warrant under their hand and seal. They serve at the president's pleasure.
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What are immunities enjoyed by the governor under the Indian constitution?
According to Article 361 of the Indian Constitution, the president and governors have certain immunities as mentioned in the following clauses:
1. They cannot be held accountable in court for their actions or decisions while in office “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.”
2. No criminal cases can be filed against them “in any court” during their term.
3. They cannot be arrested or imprisoned during their term.
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4. Civil proceedings against them for personal actions, whether before or after he entered his office, can only be initiated after a two-month notice, specifying the nature of the proceedings and relief sought.
