361. Protection of President and Governors and
(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
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 _336*** 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 _336*** 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 _336*** 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 _336*** of such State, until the expiration
of two months next after notice in writing has been delivered to the President or the
Governor _337***, 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.