CONSTITUTIONAL PROTECTION TO GOVERNOR & PRESIDENT

CONSTITUTIONAL PROTECTION TO GOVERNOR & PRESIDENT

Subject: Polity

Context: Governor Jagdeep Dhankhar on Sunday said he was left “stunned” after Trinamool Congress (TMC) MP Kalyan Banerjee told reporters that he had urged party workers to file police complaints against the governor so that action can be taken against him after he leaves office.

Concept:

Protection of President and Governors – Article 361

• Article 361 of the Indian Constitution is an exception to the Fundamental Right to Equality enshrined in Article 14.
• It basically grants immunity to the country’s president and governors from prosecution while in office. The article says:
• The President or Governor are not personally answerable to any court for the exercise and performance of their powers, while in office.
• But it does not mean that conduct of these two office holders can not be checked. The Article 361 makes it clear that 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.
• No criminal proceedings can be started or continued against the President, or the Governor of a State, in any court during his term of office.
• No court can issue arrest warrants for President as well as Governor.
• Civil proceedings against a Governor or President against things done by him in his personal capacity can be done only with a prior 2 months’ notice.