Articles 361 and 361A: Protection of the President and Governors, and Reporting of Legislative Proceedings
Articles 361 and 361A of the Constitution of India deal with two different constitutional protections. Article 361 governs the legal immunity of the President and State Governors while in office. Article 361A protects certain substantially true reports of proceedings of Parliament and State Legislatures.
Article 361 - Protection of President and Governors and Rajpramukhs
Article 361 is in Part XIX of the Constitution. Although its heading still refers to Rajpramukhs, references to Rajpramukhs in clauses (2), (3) and (4) were omitted by the Constitution (Seventh Amendment) Act, 1956. Its four clauses provide the following protections and limitations.
Clause (1): Official acts and duties
The President or Governor is not answerable to any court for exercising and performing the powers and duties of the office, or for acts done or purported to be done in performing those functions. The provision expressly preserves review of the President's conduct by a court, tribunal or body appointed or designated by either House of Parliament to investigate a charge under Article 61 (impeachment of the President). It also preserves the right to bring appropriate proceedings against the Government of India or a State Government.
Clause (2): Criminal proceedings
No criminal proceedings whatsoever may be instituted or continued against the President or a State Governor in any court during the term of office. This is a protection during tenure, not a declaration that the underlying conduct is lawful or that liability can never arise.
Clause (3): Arrest or imprisonment
No court may issue any process for the arrest or imprisonment of the President or a State Governor during the term of office.
Clause (4): Civil proceedings concerning personal acts
Where relief is claimed against the President or Governor for an act done or purported to be done in a personal capacity, whether before or after assuming office, civil proceedings cannot be instituted during the term of office until two months have expired after written notice has been delivered to the office-holder or left at the office. The notice must state the nature of the proceedings, cause of action, the claimant's name, description and place of residence, and the relief claimed.
Article 361A - Protection of Publication of Proceedings of Parliament and State Legislatures
Inserted by section 42 of the Constitution (Forty-fourth Amendment) Act, 1978, with effect from 20 June 1979, Article 361A provides qualified protection for reporting legislative proceedings.
Clause (1): Substantially true newspaper reports
No person is liable to civil or criminal proceedings in court for publishing in a newspaper a substantially true report of proceedings of either House of Parliament, a State Legislative Assembly or either House of a State Legislature, unless the publication is proved to have been made with malice.
Exception: The protection does not apply to publication of a report of proceedings of a secret sitting of the relevant legislative House.
Clause (2): Broadcasting
The protection in clause (1) also applies to reports or matters broadcast by wireless telegraphy as part of a programme or service provided by a broadcasting station, on the same terms as newspaper reporting.
Explanation: Meaning of newspaper
For this Article, the term newspaper includes a news agency report containing material intended for publication in a newspaper.
Scope and Practical Meaning
Does Article 361 prevent judicial scrutiny of governmental action?
No. The personal protection given to the President or Governor does not prevent appropriate proceedings against the Union or State Government. The legality of official action may still be tested through proceedings against appropriate parties.
Can criminal proceedings continue while a Governor holds office?
Article 361(2) bars the institution or continuation of criminal proceedings in court against a serving Governor during the term of office. Questions arising after the term ends are governed by the applicable law and circumstances.
Does Article 361A protect every media report about Parliament?
No. The constitutional text requires a substantially true report of the specified legislative proceedings. Malicious publication is excluded, as is reporting a secret sitting. Its express coverage of newspapers, news agency material and specified broadcasting should not be assumed automatically to cover every modern digital publication without examining applicable law and judicial interpretation.
How are Articles 361 and 361A different?
Article 361 addresses the President's and Governors' position in legal proceedings, including official acts, criminal process, arrest and personal-capacity civil claims. Article 361A addresses the qualified immunity of publishers and broadcasters reporting legislative proceedings.
Official Constitutional Text and References
For the full operative language, amendment footnotes and authoritative context, consult the Constitution of India, Legislative Department, Ministry of Law and Justice (official PDF) or the Constitution of India on India Code. The constitutional text, relevant amendments and judicial decisions govern any specific dispute.
Reviewed: 7 October 2026. This article is general legal information, not a substitute for legal advice on particular facts.