Dr Avinash Bhagi

Assistant Professor of Law

Gujarat National Law Univeristy
 Article 361
 Clause 1-confers upon the President absolute immunity so
far as his official acts are concerned.
 Proviso 1-Impeachment
 Proviso 2- Personal Immunity
 Clause 2- Personal Act-Criminal Act- Partial Immunity
 Clause 3- Personal Act- Arrest- Partial Immunity
 Clause 4-Personal Act– Civil Act-- Partial Immunity
PRESIDENTIAL PRIVILEGES
 Article 361(1) confers on the President and Governor protection as regards their official acts.
 Exception to Article 361
 It has also provided a remedy to a person who has a claim against the State.
 361. (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.
 PRESIDENTIAL PRIVILEGES
 Ambit of this immunity is very extensive.
 No court can compel the President to exercise or not to exercise any
power, or to perform or not to perform any duty, nor can a court
issue any writ in respect of the President’s official acts or omission.
 In the case of official acts, an absolute immunity from the
process of the court is given to the President.
 “Purporting to be done”- words of wide scope. Even though the
act is outside, or in contravention of , the Constitution, the
President is protected so long as the act is professed to be done
in pursuance of the Constitution.
PRESIDENTIAL PRIVILEGES
 Clauses (2) and (3) confer protection on the President and the
Governor in respect of criminal liability.
 The immunity from criminal liability can be enjoyed by the
President or the Governor only during his term office.
 It does not refer to the issue of summons as a witness.
 (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.
 Section 133 of CPC and Section 284(1) of Cr.P.C confer a
similar protection regarding the issue of summons as a
witness.
 Clause (4) refers to civil liability.
 (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 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 therefore, the name, description and place of
residence of the party by whom such proceedings are to be
instituted and the relief which he claims.
 For Self Study-Vyapam Scam