Wednesday, August 31 2005 19:50 Hrs (IST) - World Time -

New Delhi: A Supreme Court Constitution Bench will scrutinise the immunity from court proceedings enjoyed by governors under Article 361 as four questions on the issue were referred to it by a three-judge Bench while hearing petitions challenging the dissolution of Bihar Assembly.

The questions were referred to a Constitution Bench by a three-judge Bench headed by Chief Justice R C Lahoti as a legal issue emerged whether or not notice could be issued to the Bihar Governor as his two reports of April 27 and May 21 led to the dissolution of the state Assembly.

The Bench asked Attorney General Milon Banerjee, his predecessor Soli J Sorabjee and Additional Solicitor General Gopal Subramaniam as to whether the Courts would be a silent spectator in view of the bar envisaged in Article 361 of the Constitution even if the Governor refused to discharge his constitutional functions.

The Court, after hearing all three and other PIL petitioner Viplav Sharma, went on to frame four questions. The first one asked "whether the extent and scope of protection afforded by Article 361 of the Constitution to the Governor prevent him being impleaded even when there allegations in the writ which according to the petitioner constitute mala fides".