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ARTICLE 361, 361A OF CONSTITUTION OF INDIA 1949

What is Protection of President and Governors and Rajpramukhs? What is Protection of publication of proceedings of Parliament and State Legislature? Article 361 and 361A of Constitution of India, 1949

Protection of President and Governors and Rajpramukhs and Protection of publication of proceedings of Parliament and State Legislature are defined under Article 361 and 361A of Constitution of India 1949. Provisions under this Article is:

Article 361 of Constitution of India "Protection of President and Governors and Rajpramukhs"

(1) The President, or the Governor or Rajpramukh of a State, shall 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 :

Provided that the 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:

 

Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Governor of India or the Government of a State.

(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.

(3) No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.

(4) any civil proceedings in which relief is claimed against the President, or the Governor of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President, or as Governor of such State, until the expiration of two months next after notice in writing has been delivered to the President or Governor, as the case may be, or left at his office stating the nature of the proceedings, the cause of action therefor, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.

Article 361A of Constitution of India "Protection of publication of proceedings of Parliament and State Legislature"

(1) No person shall be liable to any proceedings, civil or criminal, in any court in respect of the publication in a newspaper of a substantially true report of any proceedings of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State, unless the publication is proved to have been made with malice:

Provided that nothing in this clause shall apply to the publication of any report of the proceedings of a secret sitting of either House of Parliament or the Legislative Assembly, or, as the case may be, either House of the Legislature, of a State.

(2) Clause (1) shall apply in relation to reports or matters broadcast, by means of wireless telegraphy as part of any programme or service provided by means of a broadcasting station as it applies in relation to reports or matters published in a newspaper.

Explanation.- In this article, "newspaper" includes a news agency report containing material for publication in a newspaper.

Constitution of India 1949

What is Protection of President and Governors and Rajpramukhs? What is Protection of publication of proceedings of Parliament and State Legislature? Article 361 and 361A of Constitution of India, 1949

What is Bar to interference by courts in disputes arising out of certain treaties, agreements, etc? What is Recognition granted to Rulers of Indian States to cease and privy purses to be abolished? Article 363 and 363A of Constitution of India, 1949

What are the Special provisions as to major ports and aerodromes? What is the Effect of failure to comply with, or to give effect to, directions given by the Union? Article 364 and 365 of Constitution of India, 1949

What are the Definitions? What is Interpretation? Article 366 and 367 of Constitution of India, 1949

What is the Power of Parliament to amend the Constitution and procedure therefor? What is Temporary power to Parliament to make laws matters in the State Concurrent List? Article 368 and 369 of Constitution of India, 1949

What are the Temporary provisions with respect to the State of Jammu and Kashmir? Article 370 of Constitution of India, 1949

What are the Special provision with respect to the States of Maharashtra and Gujarat? Article 371 of Constitution of India, 1949

What are the Special provision with respect to the States of Nagaland? Article 371A of Constitution of India, 1949

What are the Special provision with respect to the States of Assam and Manipur? Article 371B and 371C of Constitution of India, 1949

What are the Special provisions with respect to the state of Andhra Pradesh? What are the provisions for Establishment of Central University in Andhra Pradesh? Article 371D and 371E of Constitution of India, 1949

What are the Special provisions with respect to the State of Sikkim? Article 371F of Constitution of India, 1949

What are the Special provision with respect to the State of Mizoram, Arunachal Pradesh and Goa? Article 371G, 371H and 371I of Constitution of India, 1949

What is the Continuance in force of existing laws and their adaptation? What is Power of the President to adapt laws? Article 372 and 372A of Constitution of India, 1949


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