Article 361 Constitution: Protection of President and Governors and Rajpramukhs

Article 361: 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 Government of India or the Government of a State.

(2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor ¹*** 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 ¹*** of a State, shall issue from any court during his term of office.

(4) No civil proceedings in which relief is claimed against the President, or the Governor ¹*** 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 ¹*** of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor ¹***, 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.

Footnotes in the official text

1.The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

Questions on this article

8 questions in 18 of our papers cite Article 361. Try these from the free papers:

1. Articles 369 to 392, which include Article 370 and the special provisions for certain States in Articles 371 to 371J, form:
2. Assertion (A): Under the opinion in Special Reference No. 1 of 2025, in glaring cases of prolonged, unexplained and indefinite inaction by a Governor on a Bill, the Court may issue a limited mandamus directing him to discharge his function under Article 200 within a reasonable time, without commenting on the merits. Reason (R): Article 361 of the Constitution does not prevent the Governor from being personally subjected to judicial proceedings in respect of his functions under Article 200.
3. Assertion (A): A criminal complaint cannot be instituted in any court against the Governor of a State during his term of office. Reason (R): Article 361(2) provides that 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.