Article 361 of the Indian Constitution

The Supreme Court of India has agreed to examine a plea which challenges the immunity granted to the governor of a state under Article 361 of the Indian Constitution and seeks several directions and investigations.

  • Article 361 of the Constitution grants the President and State Governors immunity from legal proceedings during their term in office.
  • The aim of the Article is to ensure that they are not answerable to any court for the exercise and performance of their official powers and duties, nor for any acts done in the course of these duties.
  • No criminal cases can be initiated or continued against them, and no arrest or imprisonment orders can be issued by any court under Clause (2) of Article 361.
  • The Article mandates a two-month notice for any civil proceedings related to personal acts.
  • Clause (3) of Article 361 restricts any arrest or imprisonment orders during their term.

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