A.4. Privileges of the President: Article 361
As President, you also enjoy some degree of immunity. Under Article 361, the President is protected from being answerable to any court for:
- For exercise and performance of his powers and duties of his office;
- For doing any act or claimed of doing any act in the exercise of those powers and duties;
The conduct of the President can be reviewed only if either House of Parliament designates or appoints any court tribunal or any other body to investigate the charges under Article 61.
But it bars no person from bringing any valid proceeding against the Governor or Government of India.
The Article immunes the President against all types of criminal proceedings during the term of his office.
No issuance of any order relating to the arrest and imprisonment of the President can be made by any court during his term of office.
A civil proceeding can be constituted against the president during his term of office if:
- The act is done or alleged to have been done, whether before or entering the office of the President, by him was in his personal capacity;
- Two months prior notice is provided, to the president or was sent to his office, stating:
- The nature of the proceeding;
- The cause of action;
- The details of the other party including name, description, and place of residence;
- The relief claimed by the other party;