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Article 361: Immunity To President And Governors From Prosecution While In Office



Article 361 of Constitution of India "Protection of President and Governors and Rajpramukhs"

(1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court 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 :

Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under Article 61:

Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Governor of India or the Government of a State.

(2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office.

(3) No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.
(4) any civil proceedings in which relief is claimed against the President, or the Governor of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor of such State, until the expiration of two months next after notice in writing has been delivered to the President or Governor, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.



Article 361 of the Indian Constitution is an exception to the Fundamental Right to Equality enshrined in Article 14. It basically grants immunity to the country’s president and governors from prosecution while in office. The article says:

  1. The president or governor will not be answerable to any court for exercising his powers and duties of the office.

  2. During the term of office of the president or governor, there shall be no criminal proceedings against him.

  3. They shall not be arrested while in office.

  4. There cannot be any civil proceeding against him while he is in office for any act committed in his personal capacity.

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