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THE CONSTITUTION, MADE UNDERSTANDABLE

Article 361
Protection of President and Governors and Rajpramukhs

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Source edition: as on 1 May 2026. Omitted and struck-down reference entries remain labelled. Open the authoritative PDF ↗

Article 361 / Part XIX

Protection of President and Governors and Rajpramukhs

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Plain languageOfficial textPurpose & sources
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THE PLAIN-LANGUAGE GUIDE

What does this mean?

The President and Governors have specified protections concerning official answerability and proceedings while in office. These protections do not make government actions immune from all legal challenge or remove the separate constitutional removal mechanisms.

Institutional immunities, particular legacy arrangements and general definitions and interpretation.

PURPOSE & CONTEXT

Why is this provision here?

Constitutional institutions and legal interpretation need the specific protection, consequence or transition rule described above, with its express limits.

Historical evidence

This Article number belongs to the original constitutional framework, but its present wording may include later amendments or substitutions. A provision-specific original Assembly debate has not been verified here. The explanation of function above is editorial inference from the text, not an attributed single motive of the framers. The original draft-making archive is a research resource, not proof of a particular historical reason.

The explanation of purpose is an editorial reading of the provision. A drafting motive is attributed only where a linked historical source supports it.

Limits, exceptions & reading carefully

Educational summary of the linked source text. Exceptions, provisos, implementing laws and applicable judgments must be read before applying it to a real case.

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Read the official constitutional text
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 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. 219
Source-page notes · may concern neighbouring Articles

1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).

Extracted from the Legislative Department’s May 2026 edition. Page footnotes may refer to neighbouring provisions; check their markers in the PDF. Inclusion in this edition does not by itself establish commencement or judicial effect.