Protection of President and Governors and Rajpramukhs* – 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 will not be answerable to any court for exercising his powers and duties of office.
- During the term of office of the president or governor, there shall be no criminal proceedings against him.
- They shall not be arrested while in office.
- There cannot be any civil proceeding against him while he is in office for any act committed in his personal capacity.
*Rajpramukh – Rajpramukh was an administrative title held by the governors of India’s princely states from 1947 to 1956. The Rajpramukhs were mostly former rulers of the states themselves.