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Part XIX: Miscellaneous

Articles 361–367 · A grab-bag 'Miscellaneous' Part covering things that don't fit neatly elsewhere — legal immunity for the President and Governors while in office, protection for reporting on legislative proceedings, some leftover provisions from the era of princely states, and the master 'definitions' Article for the whole Constitution.

Key Articles

The provisions in this Part cited most often

With landmark Supreme Court cases that shaped how they're actually applied.

Art. 361

Protection of the President and Governors

While in office, the President and Governors can't be criminally prosecuted at all, and civil proceedings against them personally require two months' advance notice — but this immunity is personal to the office and doesn't shield the government's own decisions from judicial review.

Every Article In This Part

All of Articles 361–367

Grouped by subject so related provisions stay together — every article number in this Part is covered below.

Art. 361
Protection of the President and Governors

No criminal proceedings can be brought against them during their term; civil proceedings need two months' prior notice; they can't be arrested or imprisoned while in office.

Art. 361A
Protection of publication of legislative proceedings

A fair, accurate report of anything said in Parliament or a State Legislature is protected from a defamation claim, unless published with malice.

Art. 361B
Disqualification for a remunerative political post after defection

A legislator disqualified under the Tenth Schedule (anti-defection law) can't be appointed to a remunerative political post until re-elected or their original term would have ended — added by the 91st Amendment, 2003, to close a defection loophole.

Art. 362
(Repealed)

Originally protected the rights of former Rulers of Indian princely states; became irrelevant once privy purses were abolished by the 26th Amendment, 1971.

Art. 363
Bar on court jurisdiction over certain historical treaties

Bars courts from adjudicating disputes arising from treaties/agreements made with former Indian princely states around their accession, mostly of historical relevance today.

Art. 363A
Recognition of Rulers ceases; privy purses abolished

Ended official recognition of former princely rulers and their privy purses — added by the 26th Amendment, 1971.

Art. 364
Special provisions for major ports and aerodromes

Gives the Union special power over major ports and airports, including limiting a state's authority over law and order in and around them.

Art. 365
Effect of a State's failure to comply with Union directions

If a state fails to comply with directions the Union is entitled to give, the President can treat this as a situation where the state's government can't function per the Constitution — historically one basis for invoking Article 356.

Art. 366
Definitions

The Constitution's master glossary — defines dozens of terms (like 'Scheduled Castes', 'Scheduled Tribes', 'Money Bill') used throughout the document.

Art. 367
Interpretation

Applies the General Clauses Act, 1897's interpretation rules to the Constitution unless the context requires otherwise, and clarifies a few specific interpretive points.

Frequently Asked

Quick answers about this Part

Can the President or a Governor be sued personally while in office?
Not criminally at all, and civilly only after two months' notice — this is a personal, temporary immunity tied to the office, and doesn't stop courts from reviewing the government's actual decisions or policies through the normal writ process.

This is a plain-language guide to Part XIX of the Constitution of India for general educational purposes, not a substitute for the bare text of the Constitution or professional legal advice. Article numbering and content reflect amendments up to 2026; always cross-check the authoritative text at india.gov.in or legislative.gov.in before relying on it for a legal matter.