Constitution Section 361 — Protection of President and Governors and Rajpramukhs
Part XIX — MISCELLANEOUS
Constitutional
Summary
The President, Governor, or Rajpramukh cannot be taken to court for any actions done as part of their official duties. However, the President’s conduct can be reviewed by a special body set up by Parliament if there is a charge under Article 61. This does not stop anyone from filing a case against the central or state government itself. No criminal case can be started or continued against the President or a Governor while they hold office, and no court can order their arrest or imprisonment during that time. A civil case against them for personal actions can only be filed after giving two months’ written notice to them, stating the details of the case and the relief sought.
Official Text
(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 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) No 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 the 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.