Part XIX: Miscellaneous
Article 361: Protection of President and Governors
Original Article:
Clause (1): The President or Governor shall not be answerable to any court for actions performed in their official capacity, except under Article 61.
Clause (2): No criminal proceedings shall be instituted against the President or Governor during their term.
Clause (3): No arrest or imprisonment of the President or Governor shall be ordered during their term.
Clause (4): Civil proceedings in personal matters require a two-month prior notice.
Explanations:
Article 361 provides immunity to the President and Governors from judicial proceedings, ensuring that these offices function without disruption or fear of litigation, while also maintaining accountability in exceptional circumstances.
Clause-by-Clause Explanation:
Clause (1): Immunity from Answerability
The President and Governors are immune from judicial scrutiny for official acts, barring impeachment inquiries under Article 61.
Clause (2): Criminal Proceedings Barred
No criminal cases can proceed against the President or Governor during their tenure.
Clause (3): Protection from Arrest
Presidential and gubernatorial immunity extends to preventing arrests or detentions during their term.
Clause (4): Civil Proceedings with Notice
Civil lawsuits in personal matters require a two-month notice, ensuring due process while maintaining respect for the office.
Historical Context:
The framers of the Constitution incorporated Article 361 to uphold the dignity and independence of the highest constitutional offices, preventing undue interference while ensuring accountability through specific provisions.
Real-Life Examples:
- Instances of gubernatorial decisions being challenged indirectly via state government policies rather than personal lawsuits.
- Impeachment proceedings under Article 61 serve as an accountability mechanism for Presidential conduct.
References and Related Provisions:
Article 361 aligns with Articles 53 and 154, which detail executive powers of the President and Governors.
Frequently Asked Questions (FAQs):
Yes, the President can be impeached under Article 61 for violation of the Constitution, but Governors do not have a similar impeachment process.
No, civil proceedings for personal actions can be initiated with a two-month notice.
Yes, criminal cases cannot be initiated or continued against the President or Governor while they are in office.
The conduct of the President can be reviewed only in the context of impeachment proceedings under Article 61.
Governors have similar protections against legal proceedings for official acts, but they cannot be impeached like the President.