Immunities of the President and Governors under Article 361

Article 361 protects the President and Governors from specified court proceedings so that they can discharge their constitutional functions without personal judicial interference. It distinguishes official acts, for which they are not personally answerable to courts, from criminal proceedings and personal civil proceedings, for which it provides specific protections during their tenure.

Non-answerability for official functions

Under Article 361(1), the President and Governors are not answerable to any court for exercising their official powers and duties, or for acts done or purportedly done in exercising those powers and duties.

• The President's conduct may nevertheless be reviewed by a court, tribunal or body appointed or designated by either House of Parliament to investigate an impeachment charge under Article 61.
• This protection does not restrict a person's right to bring appropriate proceedings against the Government of India or a State government.
• Personal non-answerability does not place official action beyond judicial review; the legality of governmental action can still be examined by courts.

Criminal proceedings and protection from arrest

The Constitution grants two distinct protections that operate throughout the office-holder's term.

• Under Article 361(2), no criminal proceedings whatsoever may be instituted or continued against the President or a Governor in any court during the term of office.
• This protection is not confined to official acts; it also covers court proceedings concerning personal conduct, including conduct before assuming office.
• Under Article 361(3), no process for the arrest or imprisonment of the President or a Governor may be issued from any court during the term of office.
• These tenure-based protections do not extinguish criminal liability; they bar the specified proceedings and court processes while the person holds office.

Civil proceedings concerning personal acts

Article 361(4) permits civil proceedings seeking relief against the President or a Governor for acts done or purportedly done in a personal capacity, but imposes a notice requirement during the term.

• Such proceedings cannot be instituted until two months have expired after written notice has been delivered to the office-holder or left at the office.
• The notice must state the nature of the proceedings, the cause of action, the claimant's name, description and place of residence, and the relief claimed.
• The requirement covers personal acts committed before or after entering office; it is a procedural safeguard, not an absolute bar on personal civil suits.