(29.08.2024)
The debate over whether a sitting or former President or Governor should be immune from criminal prosecution has been a longstanding one. In India, we need not look to the West for examples; the Governor of West Bengal, C.V. Ananda Bose, has provided a stark instance by claiming immunity from prosecution for allegedly sexually harassing a female employee of the Raj Bhawan. In this article, I aim to explore the questions that may arise before the Supreme Court while interpreting Article 361.
In this essay, we argue that the re-appropriation of funds earmarked for MPLADS to Ministry of Finance does not comply with the procedure prescribed in the Constitution and that the executive has not complied with the will of the Parliament.