Immunity of the President and Governors
Also called: Article 361 · Topic: Union Executive: President, Vice-President, Prime Minister and Council of Ministers · NCERT: Beyond NCERT
Meaning
Art. 361 gives the President and Governors special protection, called immunity. It is an exception to equality before law. No court can question them for their official acts. No criminal case can be started and they cannot be arrested while in office. A civil suit (a non-criminal case, such as one over money or property) about their personal acts needs two months' notice. The aim is to let them do their duties without fear of lawsuits.
Example
In Rameshwar Prasad (2006), the Court held that the immunity protects the person, not the action. So their actions can still be reviewed by courts, for example if they were done in bad faith.
Don't confuse with
- Art. 74(2): this bars courts from asking what advice ministers gave the President. Art. 361 protects the President and Governors personally.
- Impeachment (Art. 61): this is how Parliament can remove the President for "violation of the Constitution", even though courts cannot try the President.
Related concepts
- Election of the President
- Value of votes in presidential election
- Qualifications of the President
- Impeachment of the President
- Presidential election disputes