Constitution 361 — Protection of President and Governors and Rajpramukhs

The Constitution of India, 1950

Statutory 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 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.

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