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What is Article 361 of indian constitution

 

What is Article 361 of indian constitution

Article 361 of the Indian Constitution

Title: Protection of President and Governors and Rajpramukhs

🔷 Explanation of Article 361:

Article 361 grants legal immunity to the President of India and the Governors of States for their official acts.
It ensures that they are not answerable to any court while in office for the exercise of their constitutional powers and duties.

✅ Key Provisions of Article 361:

Clause Provision
(1) The President or a Governor is not answerable to any court for the exercise and performance of the powers and duties of their office.
(2) No criminal proceedings can be instituted or continued against the President or a Governor during their term of office.
(3) They cannot be arrested or imprisoned while in office.
(4) Civil proceedings can be initiated against them in their personal capacity, but only after giving a 2-month notice describing the nature of the case and relief sought.

🟢 Key Points:

Aspect Details
Applies To President of India, Governors of States
Criminal Proceedings ❌ Not allowed during tenure
Arrest/Imprisonment ❌ Not permitted while in office
Civil Proceedings ✅ Allowed, but with 2 months' prior notice and only for personal acts
Court Answerability ❌ Not answerable for official duties and powers
Purpose To ensure independent and smooth functioning of constitutional heads, free from legal pressure or harassment

📝 Example:

  • A Governor cannot be prosecuted or arrested while holding office, even if he allegedly committed a crime before becoming Governor. Action can be taken only after they leave office.

  • A civil case (like a property dispute) can be filed, but the plaintiff must give a 2-month advance notice.

⚖️ Constitutional Balance:

This immunity is not absolute:

  • It is only for the duration of the term.

  • Once they leave office, they can be prosecuted.

  • It does not protect them from impeachment (President under Article 61).

Here is a comparison chart between Article 361 (constitutional immunity for high authorities) and general immunity laws applicable to other public officials or citizens:

🛡️ Comparison: Article 361 vs General Legal Immunity

Aspect Article 361 (President & Governors) General Legal Immunity (Other Officials/Citizens)
Who is Covered? 🔹 President of India 🔹 Governors of States 🔹 Ministers, MPs/MLAs, Judges, Civil Servants, Citizens
Criminal Proceedings ❌ Cannot be initiated or continued while in office ✅ Can be initiated and continued if due process is followed
Civil Proceedings ✅ Allowed in personal matters but requires 2 months’ prior notice ✅ Allowed without special notice (unless specific immunity applies)
Arrest or Imprisonment ❌ Prohibited while in office ✅ Can be arrested with due process (e.g., with warrant)
Court Answerability ❌ Not answerable to any court for official actions ✅ Can be summoned to court and answerable for both personal and official acts (except with immunity under specific provisions)
Duration of Protection ✅ Only during tenure as President or Governor Depends on the role:

  • MPs/MLAs have immunity only during House proceedings

  • Judges have protection for acts done in judicial capacity |
    | Purpose | To protect constitutional heads from litigation pressure and ensure independent functioning | To ensure efficient public administration, but still under legal accountability |
    | Can They Be Sued After Term? | ✅ Yes, after term ends | ✅ Yes, always (unless protected by other specific laws) |
    | Protection Against Impeachment? | ❌ Not protected from impeachment or removal (e.g., Article 61 for President) | Not applicable — other officials may be removed via disciplinary or legal action |

📝 Key Summary:

  • 🏛 Article 361 provides strong, temporary constitutional immunity to ensure the dignity and independence of the President and Governors.

  • 👥 Other public officials and citizens are not immune in the same way and must face courts if proceedings are initiated under the law.

Here is a summary chart of Articles 352 to 361 of the Indian Constitution, covering emergency provisions and immunity clauses in a concise and easy-to-revise format:

🇮🇳 Articles 352 to 361 — Summary Chart

Article Title Purpose / Key Provisions
352 🔴 National Emergency Declared due to war, external aggression, or armed rebellion; expands Centre’s powers; can suspend Fundamental Rights (esp. Article 19)
353 Powers of Centre during National Emergency Parliament can legislate on State List; Centre can give executive directions to States
354 Financial provisions during Emergency President can alter revenue distribution between Centre and States
355 Union’s duty to protect States Centre must protect States from external aggression/internal disturbance and ensure constitutional governance
356 🟠 President’s Rule Imposed when State government fails to function as per Constitution; Centre takes control of the State
357 Exercise of powers during President’s Rule Parliament or President exercises State Legislature's powers during President’s Rule
358 Suspension of Article 19 Article 19 rights automatically suspended during National Emergency due to war or external aggression
359 Suspension of enforcement of Fundamental Rights President may suspend citizens’ right to move courts for enforcing specified Fundamental Rights (except Articles 20 & 21 after 44th Amendment)
360 🟢 Financial Emergency Declared when financial stability or credit of India (or any part) is threatened; Centre can control salaries and State finances
361 Immunity for President and Governors Provides legal immunity from court proceedings during their tenure; no criminal cases or arrests allowed while in office

🧾 Grouped View:

Category Articles What They Cover
🛑 Emergency Provisions 352 to 360 National, State, and Financial Emergencies — powers, effects, and safeguards
🛡️ Immunity Provisions 361 Legal protections for President and Governors from court actions during office


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