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UPSC » Daily News Analysis ‘Article 361 of the Indian Constitution’: 20 July

Daily News Analysis ‘Article 361 of the Indian Constitution’: 20 July

Recently, the Supreme Court of India agreed to examine the question of immunity to Governors from any kind of criminal prosecution, granted under Article 361 of the Constitution.

Table of Content

About Article 361:

  • It deals with immunity to the President and Governors of the states.
  • It state that they are 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.
  • The Article 361 has two important sub-clauses:
    • Article 361 (1): No process for the arrest or imprisonment of the President, or the Governor of a State, shall be issued from any court during his term of office.
    • Article 361 (2): No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office.

Supreme Court judgment on the immunity enjoyed by the Governor:

  • Rameshwar Prasad v Union of India (2006): The Governor is not answerable to any Court for exercising or performing the powers and duties of his office.
  • Criminal conspiracy in the 1992 Babri Masjid demolition case (2017): The Supreme Court granted permission for new charges of criminal conspiracy against leaders involved in the 1992 destruction of the Babri Masjid.

Why in News?

  • Recently, the Supreme Court of India agreed to examine the question of immunity to Governors from any kind of criminal prosecution, granted under Article 361 of the Constitution.