What Is Article 361 Of The Indian Constitution?

Article 361 of the Indian Constitution deals with the immunities that are granted to the Indian President and Governor of States. It is one of the most important articles made in our constitution. This article is connected to the President of India and the Governor of states. This article is made to protect them. Read this entire blog to know everything about this article and other details related to it.

What Is Article 361 Of The Indian Constitution?

Article 361 of the Indian Constitution deals with the immunities that are officially granted to the President of India and the Governor of States. It protects them from criminal proceedings and arrests. This article claims that the President and Governor shall not be answerable to any court for the exercise and performance of the power and duties of his office or any act to be done by him in the exercise and performance of those powers and duties.

The power and duties to conduct of the President might be brought under review by any court appointed or designated by the House of Parliament for the investigation of a charge under this article.

As per the article, no criminal proceedings shall be instituted against the President of India or Governor of a State in any court at the time of his term of office. This article also says that no process for the arrest of the President or Governor shall be issued from any court at the time of his term of office.

Also read: How Many Articles In The Indian Constitution?

Also, no civil proceedings in which the relief is claimed against the Governor and President shall be instituted a the time of his term of office in any court as it is for the respect of any act that is done by him in his capacity until the expiration of two months next after the notice in writing has been delivered to the Governor or President.

The Article 361 of the Indian Constitution says that the President and Governor are immune from answering anything in the court of law to purely exercise their constitutional duties. This article is an exception to Article 14 which is the “Right to Equality“.

The President of India and the Governor of State are the prime sole guardians of the country and states respectively. The absence of their rule will affect the entire India.

What Is Article 361A Of The Indian Constitution?

The Article 361A of the Indian Constitution says that no person shall be liable to any proceedings, civil or criminal in any court. It is in terms of respect of the publication in a newspaper of a true report of any proceedings of the Legislative Assembly or House of Parliament.

This article shall apply to reports or matters broadcast using wireless telegraphy as part of any program that is provided by men of a broadcasting station. It is because it applies in relation to reports published in a newspaper.

But nothing in this shall apply to the publication of any report of the proceedings of a secret sitting of the Legislative Assembly or House of Parliament.

What Is Article 361B Of The Indian Constitution?

Article 361B says that a member of a House belonging to any political party who is disqualified for being a member of the House under the article of the Tenth schedule shall also be disqualified from holding any remunerative political post for the duration of the period that is commencing from the date of his disqualification. It will happen till the date on which the term of his office as such member would expire on which he contests an election to a House and is declared elected.