Constitution of India/Miscellaneous
Article 361 is an exception to Article 14 (Right to Equality) of the Indian Constitution. The features are as follows:
- The President or the Governor is not answerable to any court for the exercise of the powers and duties of his office.
- No criminal proceedings shall be conducted against the President or the Governor during his term of office.
- No arrest or imprisonment shall be made against the President or Governor during his term of office.
- No civil proceedings shall be made against the President or the Governor during his term of office in respect of any act done by him in his personal capacity.
The President and Governor are the sole guardians of the country and states respectively so the absence of their rule will affect the country or the states.
Repealed – Replaced by the Constitution (Twenty-sixth Amendment) Act, 1971, s. 2..
Articles 363 – 367
- Constitution of India 2007, pp. 231–239.