Home The Constitution Part XIX Article 361

Art. 361 Part XIX: Miscellaneous

Protection of President and Governors

Exact text — Constitution of India

(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... (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... until the expiration of two months next after notice in writing has been delivered to the President or the Governor...

In Plain English

What this Article actually means

This Article gives the President and Governors strong, but not absolute, legal immunity while in office: complete protection from criminal proceedings and arrest, and a two-month advance-notice requirement before any civil proceeding can be filed against them personally. Critically, this immunity is PERSONAL to the office-holder for their own conduct, and does NOT shield the government's actual decisions and policies from judicial review through the normal writ process.

Why This Matters To You

How it shows up in everyday life

This is why you can challenge a government decision, policy, or order made in the President's or a Governor's name through the courts (via writ petitions against the government), even though you can't personally sue or criminally prosecute the individual holding that office while they remain in it.

Read alongside this one

Art. 61 — Procedure for Impeachment of the President Art. 156 — Term of Office of the Governor

Frequently Asked

Quick answers about Article 361

Does this mean a Governor can never be held accountable for anything?

Not permanently — the immunity is limited to their TERM of office; once they leave office, this special protection ends, and any pending claims (with proper notice already given during their term) can proceed.

Can I challenge a Governor's official decision in court while they're in office?

Yes, generally — you can challenge the DECISION or ACT itself (like the exercise of a specific constitutional power) through appropriate legal proceedings against the state/government; this Article shields the PERSON from personal legal proceedings, not the government's actions from judicial review.

← BackPart XIX Overview Next →Article 361A: Protection of Publication of Proceedings of Parliament and State Legislatures

The text above reproduces Article 361 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.