Article 361 of the Constitution of India
Article 361 – Protection of President and Governors
Text of Article 361 (Summary):
Provides legal immunity to the President and Governors of India for actions done in the exercise of their official powers.
Ensures that the highest constitutional authorities are not subjected to ordinary legal proceedings while performing official duties.
Key Provisions
Immunity from Criminal Proceedings (Clause 1)
The President or a Governor cannot be prosecuted or arrested during their term in office.
No criminal proceedings can be initiated against them in any court.
Immunity from Civil Proceedings (Clause 2)
No civil suit can be filed against the President or Governor for acts done in their official capacity, except with the prior sanction of the government.
This applies only to official acts, not personal acts.
Exceptions
Immunity is limited to acts done in the exercise of powers under the Constitution or law.
Personal acts not related to office are not protected.
Purpose
Ensures uninterrupted functioning of constitutional authorities.
Protects them from frivolous or politically motivated litigation.
Features of Article 361
Exclusive Protection
Immunity is granted only to the President and Governors, not to other constitutional authorities.
Criminal vs Civil Proceedings
Criminal immunity: Absolute during tenure.
Civil immunity: Conditional, can proceed with government sanction.
Temporal Scope
Immunity applies only during the term of office.
Official Acts Only
Acts done in personal capacity are not protected.
Important Case Laws
Ramesh Chander v. Union of India (1977)
Supreme Court held that Article 361 bars all criminal proceedings against the President during office tenure.
K.C. Thomas v. State of Kerala (1986)
Clarified that civil proceedings for official acts require prior sanction, and personal acts are not covered under Article 361.
S.R. Bommai v. Union of India (1994)
While dealing with President’s Rule, the Court referred to immunity of the President under Article 361, highlighting constitutional sanctity.
R. Rajagopal v. State of Tamil Nadu (1994)
Distinguished immunity of constitutional authorities from ordinary citizens, emphasizing official acts vs personal acts.
Significance of Article 361
Ensures Constitutional Functioning
Immunity prevents distractions from litigation, allowing smooth functioning of executive authority.
Prevents Political Manipulation
Guards against frivolous or politically motivated lawsuits during the term of office.
Maintains Rule of Law with Balance
While immunity is broad, it is limited to official acts, ensuring accountability post-tenure.
Judicial Interpretation
Courts have consistently interpreted Article 361 to protect official acts but allow accountability for personal or illegal acts.
Conclusion
Article 361 provides constitutional immunity to the President and Governors from criminal and civil proceedings for official acts during their tenure. Cases like Ramesh Chander v. Union of India, K.C. Thomas v. State of Kerala, and S.R. Bommai v. Union of India illustrate that while official immunity is broad, it does not protect personal misconduct, balancing constitutional protection with accountability.
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