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Constitution of India · Part XIX: Miscellaneous

Article 361: Protection of President and Governors and Rajpramukhs

In plain words

The President and Governors are not answerable to any court for exercising the powers and duties of their office. No criminal proceedings can be started or continued against them, and no court can issue process for their arrest or imprisonment, during their term of office.

  • The President's conduct can still be reviewed by a body either House of Parliament appoints to investigate an impeachment charge under article 61.
  • People can still bring proper proceedings against the Government of India or a State Government.
  • Civil proceedings against them for personal acts can be started during their term only after two months' written notice stating the nature of the case, cause of action, the party and relief claimed.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(1) The President, or the Governor or Rajpramukh of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties:

Provided that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under article 61:

Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State.

(2) No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor *** of a State, in any court during his term of office.

(3) No process for the arrest or imprisonment of the President, or the Governor *** of a State, shall issue from any court during his term of office.

(4) No civil proceedings in which relief is claimed against the President, or the Governor *** of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor *** of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor

***, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the article 361