Actual Article
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 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 or Rajpramukh 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 or Rajpramukh 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 or Rajpramukh 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, until the expiration of two months next after notice in writing has been delivered to the President or the Governor or Rajpramukh, as the case may be, or left at his office stating the nature of the proceedings, the cause of action thereof, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.
UPSC Notes for Article 361
Explanation:
- Immunity from Legal Proceedings: Article 361 grants the President and the Governors (or Rajpramukhs) immunity from being answerable to any court for their official acts.
- Criminal Proceedings: No criminal proceedings can be initiated or continued against the President or Governors during their term of office.
- Arrest and Imprisonment: No process for arrest or imprisonment can be issued against the President or Governors during their term of office.
- Civil Proceedings: Civil proceedings seeking relief against the President or Governors in respect of their personal acts can only be initiated after giving two months’ notice.
Key Points:
- Official Immunity: Protects the highest constitutional authorities from legal action for their official acts, ensuring they can perform their duties without fear of litigation.
- Limited Scope: While official acts are protected, this immunity does not extend to acts done in personal capacity without proper notice.
- Judicial Review: The conduct of the President can be reviewed by a court, tribunal, or body appointed by Parliament for impeachment proceedings under Article 61.
Important Cases and Commissions Related to Article 361
Cases:
- Rameshwar Prasad vs. Union of India (2006): The Supreme Court reiterated that while the President and Governors have immunity under Article 361, their actions can be reviewed if they exceed their constitutional limits.
- S.R. Bommai vs. Union of India (1994): This case emphasized the need for judicial review of the President’s actions under Article 356, reinforcing that immunity does not mean actions are beyond scrutiny.
Commissions:
- Sarkaria Commission (1983): Recommended measures to balance the powers of the Governor with accountability, emphasizing the need for proper checks and balances.
- Punchhi Commission (2010): Suggested reforms to ensure transparency and accountability in the functioning of the President and Governors.
Important Reports Related to Article 361:
- Sarkaria Commission Report: Highlighted the need for a clear understanding of the Governor’s role and immunity under Article 361, recommending judicial scrutiny where necessary.
- Punchhi Commission Report: Provided recommendations to enhance the accountability of the President and Governors while maintaining their immunity for official acts.
Previous Year Prelims Questions Related to Article 361
- (UPSC Prelims 2016) What does Article 361 of the Indian Constitution provide for?
A. Immunity of the President and Governors from legal proceedings
B. Impeachment of the President
C. Election of the President and Governors
D. Powers of the President and Governors Correct Answer: A. Immunity of the President and Governors from legal proceedings - (UPSC Prelims 2018) Under Article 361, can criminal proceedings be instituted against the President or Governors during their term of office?
A. Yes, with the permission of the Supreme Court
B. Yes, if approved by the Prime Minister
C. No, not during their term of office
D. Yes, with the approval of the Parliament Correct Answer: C. No, not during their term of office
Previous Year Mains Questions Related to Article 361
- Mains 2016: “Discuss the significance of Article 361 in protecting the highest constitutional authorities in India. How does this provision ensure the smooth functioning of the President and Governors?”
- Mains 2019: “Evaluate the role of judicial review in the context of Article 361. How has the judiciary balanced the immunity of the President and Governors with the need for accountability?”
Additional Insights:
- Constitutional Safeguard: Article 361 acts as a constitutional safeguard, ensuring that the President and Governors can perform their duties without the distraction of legal proceedings.
- Balance of Power: The provision strikes a balance between granting immunity and ensuring accountability through judicial review and parliamentary oversight.
- Impeachment Process: The conduct of the President can still be scrutinized through the impeachment process, ensuring that immunity does not lead to unchecked power.
Understanding Article 361 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for the immunity of the President and Governors, highlighting the balance between their protection and accountability. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the protection and accountability of the highest constitutional authorities within the Indian Constitution.