Article 361 In English | Article 361 Of Indian Constitution In English | What Is Article 361

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Article 361 Of Indian Constitution In English

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 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 claim.

Indian Constitution part 19 articles

Article 361 In English

361 Article – Protection of President and Governors and Rajpramukhs.
(1) The President, or the Governor or the 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 to be done by him in the exercise of his office. and the 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 nominated by either House of Parliament to inquire into any charge under Article 61: Provided that nothing in this clause shall be construed as restricting the right of any person to take appropriate action against the Governor of India or the Government of any State.
(2) No criminal proceedings shall be instituted or continued in any court against the President or the Governor of any State during his term of office.
(3) No process of arrest or imprisonment of the President or the Governor of a State shall be issued by any court during his term of office.
(4) Any civil proceeding in which relief is claimed against the President or the Governor of a State shall, in respect of any act done or to be done by him in his personal capacity in any court, for the duration of his office will be installed during until the expiry of a period of two months next after notice in writing has been given to the President or the Governor, as the case may be, or before he enters upon his office as President or as the Governor of such State, or later, or has been left in his post. The office gives details of the nature of the proceeding, the cause of action thereon, the name, description and place of residence of the party by whom such proceedings are to be initiated and the relief which he claims.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 361 Of Indian Constitution?

Article 361 Debate Summary

The draft Article 302 (Article 361 of the Constitution of India, 1950) was discussed in the Constituent Assembly on 8 September 1949. The draft Article barred the courts from questioning any action taken by the President of India or the Governor of a State. , While in office, the president and governors cannot be charged with a crime, arrested or imprisoned. However, a civil case can be registered against him. The draft article clarified that the right of citizens to prosecute the central or state government(s) remained unaffected.

The chairman of the drafting committee introduced some amendments. One of them was intended to indicate more broadly and clearly that nothing in the draft article takes away the right of any person to sue the central or state government(s). A colleague of the drafting committee stressed that the amendment aims to protect the fundamental rights of citizens.

One member found the phrase ‘during his tenure’ ambiguous. He said it could have two meanings: the president and governor were not liable for any criminal act while in office, or the president or governor had to resign as soon as he was accused of committing an offence. Which of the following was meant in the draft article? – The member asked the drafting committee. Despite the request of the member, the question was not resolved.

No other important discussions took place. On 8 September 1949, the House adopted draft Article 302 with amendments suggested by the Chairman of the Drafting Committee.

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