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The Constitution, Made Understandable.

Article 361

Personal Immunity of President and Governors During Term of Office

Official heading: “Protection of President and Governors and Rajpramukhs”

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The Constitution of India (as on 1 May 2026)
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Part XIX, Article 361, printed pages 219–220
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1. In One Sentence

Grants personal immunity to the President and Governors from criminal prosecution and court accountability for official acts during their terms of office.

2. What It Means in Everyday Language

Article 361 provides official and personal immunities to the constitutional heads of state: the President and State Governors.

Under clause (1), the President or Governor is not answerable to any court for the exercise and performance of the powers and duties of office, though executive conduct can be reviewed in petitions against the Government of India or the State.

Under clause (2), no criminal proceedings whatsoever can be instituted or continued against the President or a Governor in any court during their term of office.

Under clause (3), no process for arrest or imprisonment can issue from any court during their tenure.

Under clause (4), civil suits regarding personal acts can only be filed after giving two months’ prior written notice detailing the cause of action.

3. Practical Illustrative Example

Everyday Scenario:

A private complainant seeks to file a criminal defamation case against a sitting State Governor.

Core takeaway: Under Article 361(2), criminal courts have no jurisdiction to register complaints or issue summons against a sitting Governor during their term.
Illustrative Notice: This personal immunity ends the moment the Governor vacates office; criminal law operates normally once the tenure concludes.

4. Important Limits, Qualifications & Exceptions

Article 361 protects the dignity and unhindered functioning of the highest constitutional offices.

  • Official non-answerability: Relieves the President/Governor of personal court appearance, but government actions remain reviewable through official state suits.
  • Complete criminal immunity: Bars arrest, summons, or trial in any criminal matter while holding office.
  • Civil litigation notice: Requires 60 days’ prior written notice for civil claims relating to personal acts.

5. Operative Constitutional Text

(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 to 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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part XIX, Article 361, printed pages 219–220 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

Related Constitutional Articles to Explore:

Go to ARTICLE 61 →Go to ARTICLE 74 →Go to ARTICLE 156 →Go to ARTICLE 300 →