The Constitution of India
Protection of President and Governors and Rajpramukhs
- Jurisdiction
- India
- Provision
- 361
- Source language
- eng+tel
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceGovernor 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 1[***] 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 1[***]
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 1[***] 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 1[***] of such State,
until the expiration of two months next after notice in writing has been delivered to the
President or the Governor 1[***], 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.
Source record
Source and verification
The Constitution of India · legislative.gov.in · Retrieved 17 August 2026.
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