Introduction to Article 361 UPSC

Welcome to PreCrack! Recently, article 361 was in news due to some serious allegations of sexual harassments on the Governor of Bengal, C.V. Ananda Bose. Now, for many people it’s a political things, and for others, it’s can be a legal thing that can be handle with criminal proceedings (or May be not). But, for those who are preparing for UPSC Exam, this topic is something that they should really study about in deep.

Why is Article 361 in the news? – UPSC Current Affairs 2024

Article 361 is in the news due to a sexual harassment complaint filed against the Governor of West Bengal, C.V. Ananda Bose, by a female staff member of the Raj Bhavan. The Governor, invoking Article 361, asserted that he is immune from criminal proceedings during his term of office, thereby challenging the authority of the Kolkata Police to investigate the allegations.

Past Precedents of Invoking Article 361

Here are some past precedents involving the invocation of Article 361 in India:

1. N. D. Tiwari Case (2009)

Andhra Pradesh Governor N. D. Tiwari resigned on “health grounds” after allegations of his involvement in a sex scandal emerged. While the resignation was not directly linked to Article 361, it highlighted the vulnerability of governors to controversies and public scrutiny.

2. V. Shanmuganathan Case (2017)

Meghalaya Governor V. Shanmuganathan tendered his resignation following sexual harassment allegations leveled against him. His resignation came amidst pressure from various quarters, including nearly 100 Raj Bhavan staff members who demanded his removal for compromising the dignity of the gubernatorial office.

3. Kalyan Singh Case (2017-2022)

In 2017, the Supreme Court revived criminal conspiracy charges against BJP leaders L. K. Advani, Murli Manohar Joshi, and Uma Bharti in the Babri Masjid demolition case. However, the verdict barred the framing of charges against former Uttar Pradesh Chief Minister Kalyan Singh, who was serving as the Governor of Rajasthan at that time, invoking his immunity under Article 361. After his term as Governor ended, the Central Bureau of Investigation (CBI) moved the sessions court in Lucknow to summon him to face trial in the case.

Details about Article 361

We have added a complete set of details with the understandable interpretations of article 361 & it’s provisions below:

What is Article 361? – Article 361 in Indian Constitution

Article 361 of the Indian Constitution provides special protection and immunity to certain high-ranking officials, namely the President, Governors, and Rajpramukhs. This article is crucial for ensuring the smooth functioning of the highest constitutional authorities in India.

Stipulated Provisions & Interpretation of Ar. 361 of Indian Constitution

1. Clause 1:

• [Interpretation]: Provides immunity to the President, Governors, and Rajpramukhs from being answerable to any court for the exercise and performance of their official powers and duties.
• [Interpretation]: Allows for the conduct of the President to be reviewed by certain designated bodies for investigation under Article 61.
• [Interpretation]: Clarifies that this immunity does not restrict the right of individuals to bring appropriate proceedings against the Government of India or the Government of a State.

2. Clause 2:

• [Interpretation]: States that no criminal proceedings can be instituted or continued against the President or the Governor of a State in any court during their term of office.
  
  

3. Clause 3:

• [Interpretation]: Prohibits the issuance of any process for the arrest or imprisonment of the President or the Governor of a State from any court during their term of office.

4. Clause 4:

• [Interpretation]: Prevents the institution of civil proceedings against the President or the Governor of a State during their term of office in any court, regarding any act done in their personal capacity.
• [Interpretation]: Requires a two-month notice period before such civil proceedings can be initiated, providing details of the nature of the proceedings, cause of action, and relief claimed.

Features of Article 361

Here are the key features of Article 361 of the Indian Constitution:

1. Immunity from Legal Proceedings:

Article 361 grants immunity to certain high-ranking officials, including the President, Governors, and Rajpramukhs, from being answerable to any court for the exercise and performance of their official powers and duties.

2. Protection of Official Acts:

The article ensures that these officials cannot be sued or prosecuted for any act done or purporting to be done in the exercise and performance of their official powers and duties.

3. Review of President’s Conduct:

While immunity is provided, Article 361 allows for the conduct of the President to be reviewed by certain designated bodies, such as those appointed under Article 61, for the investigation of specific charges.

4. Limitations on Criminal Proceedings:

Article 361 prohibits the institution or continuation of criminal proceedings against the President or Governors in any court during their term of office. It also prevents the issuance of any process for their arrest or imprisonment during this time.

5. Restrictions on Civil Proceedings:

Civil proceedings against the President or Governors regarding acts done in their personal capacity are barred during their term of office. However, individuals seeking civil relief must provide a two-month notice period before initiating such proceedings, detailing the nature of the proceedings and relief claimed.

6. Preservation of Office Dignity:

The article aims to preserve the dignity and independence of the highest constitutional authorities by shielding them from constant legal challenges or harassment, thus allowing them to carry out their duties effectively.

Constitutional Immunities for Presidents, Governors & Rajpramukhs

Here are the constitutional securities or protections afforded to Presidents, Governors, and Rajpramukhs in India, highlighting what cannot be done against them when they hold their constitutional posts:

1. Immunity from Legal Proceedings

Presidents, Governors, and Rajpramukhs are immune from being answerable to any court for the exercise and performance of their official powers and duties.

2. Protection of Official Acts

They cannot be sued or prosecuted for any act done or purported to be done in the exercise and performance of their official powers and duties.

3. Limitations on Criminal Proceedings

No criminal proceedings whatsoever can be instituted or continued against them in any court during their term of office.

4. Arrest or Imprisonment

No process for the arrest or imprisonment of Presidents, Governors, or Rajpramukhs shall issue from any court during their term of office.

5. Exemption from Civil Proceedings

Civil proceedings against them regarding any act done or purported to be done by them in their personal capacity cannot be instituted during their term of office.

6. Notice Requirement for Civil Proceedings

Individuals seeking civil relief must provide a two-month notice period before initiating civil proceedings against Presidents, Governors, or Rajpramukhs, detailing the nature of the proceedings and relief claimed.

Article 361 UPSC Questions – MCQs

Question-1: What constitutional article provides immunity to certain high-ranking officials from legal proceedings?

1. Article 356
2. Article 361
3. Article 369
4. Article 371

Answer: (B): Article 361 provides immunity to certain high-ranking officials from legal proceedings.

Question-2: According to Article 361, who among the following is not immune from criminal proceedings during their term of office?

1. President
2. Governor
3. Chief Minister
4. Prime Minister

Answer: (B): According to Article 361, Governors are not immune from criminal proceedings during their term of office.

Question-3: Which term describes the immunity granted to Presidents, Governors, and Rajpramukhs under Article 361?

1. Absolute immunity
2. Lifelong immunity
3. Partial immunity
4. Conditional immunity

Answer: (A): The immunity granted to Presidents, Governors, and Rajpramukhs under Article 361 is absolute.

Question-4: In which year did Andhra Pradesh Governor N D Tiwari resign amid allegations of his involvement in a sex scandal?

1. 2010
2. 2009
3. 2011
4. 2012

Answer: (B): Andhra Pradesh Governor N D Tiwari resigned in 2009 amid allegations of his involvement in a sex scandal.

Question-5: Which judicial precedent revoked charges against BJP leaders in a criminal conspiracy case related to the demolition of the Babri Masjid?

1. Rameshwar Prasad v. Union of India
2. Nabam Rebia and Bamang Felix v. Dy. Speaker
3. Andhra Pradesh Governor case
4. Meghalaya Governor case

Answer: (C): Charges against BJP leaders in a criminal conspiracy case related to the demolition of the Babri Masjid were revoked in the Andhra Pradesh Governor case.

Question-6: What term describes the immunity enjoyed by Madhya Pradesh Governor late Ram Naresh Yadav against criminal prosecution in the Vyapam scam?

1. Judicial review
2. Absolute immunity
3. Constitutional privilege
4. Malicious publicity

Answer: (B): Absolute immunity describes the protection enjoyed by Madhya Pradesh Governor late Ram Naresh Yadav against criminal prosecution in the Vyapam scam.

Question-7: Which court ruled that gubernatorial immunity under Article 361 does not bar judicial review of the Governor’s actions?

1. Madhya Pradesh High Court
2. Supreme Court
3. High Court of West Bengal
4. Court of Sessions in Lucknow

Answer: (B): The Supreme Court ruled that gubernatorial immunity under Article 361 does not bar judicial review of the Governor’s actions.

Question-8: In which year did the Supreme Court recall an order concerning the recommendation of President’s rule in Arunachal Pradesh, citing gubernatorial immunity?

1. 2015
2. 2016
3. 2017
4. 2018

Answer: (B): In 2016, the Supreme Court recalled an order concerning the recommendation of President’s rule in Arunachal Pradesh, citing gubernatorial immunity.

Question-9: What was the reason behind the resignation of Meghalaya Governor V Shanmuganathan in 2017?

1. Health grounds
2. Corruption charges
3. Involvement in a sex scandal
4. Misuse of power

Answer: (C): Meghalaya Governor V Shanmuganathan resigned in 2017 amid allegations of involvement in a sex scandal.

Question-10: Which political party was involved in condemning the actions of the West Bengal Governor amid the sexual harassment allegations?

1. Bharatiya Janata Party (BJP)
2. Indian National Congress (INC)
3. All India Trinamool Congress (AITC)
4. Communist Party of India (Marxist) (CPI(M))

Answer: (C): The All India Trinamool Congress (AITC) was involved in condemning the actions of the West Bengal Governor amid the sexual harassment allegations.

Question-11: What is the primary purpose of Article 361 of the Indian Constitution?

1. To provide immunity to the President, Governors, and Rajpramukhs from legal proceedings
2. To regulate the powers and duties of the President, Governors, and Rajpramukhs
3. To establish the judiciary’s authority over the executive branch
4. To ensure transparency in the functioning of the government

Answer: (A): [Article 361 primarily aims to provide immunity to the President, Governors, and Rajpramukhs from legal proceedings.]

Question-12: Under Article 361, who has the authority to review the conduct of the President?

1. Prime Minister
2. Supreme Court
3. Any court, tribunal, or body appointed or designated by either House of Parliament
4. Chief Justice of India

Answer: (C): [Any court, tribunal, or body appointed or designated by either House of Parliament has the authority to review the conduct of the President under Article 361.]

Question-13: According to Article 361, which of the following actions is permissible during the term of office of the President or a Governor?

1. Instituting criminal proceedings against the President or Governor
2. Issuing a process for the arrest of the President or Governor
3. Bringing civil proceedings against the President or Governor for acts done in their personal capacity
4. All of the above

Answer: (D): [According to Article 361, no criminal proceedings whatsoever shall be instituted or continued against the President or a Governor during their term of office.]

Question-14: What happens if relief is claimed against the President or a Governor in civil proceedings during their term of office?

1. The court automatically dismisses the case.
2. The proceedings are stayed until the expiration of two months after notice is delivered to the President or Governor.
3. The President or Governor must resign from office.
4. The case is transferred to the Supreme Court for adjudication.

Answer: (B): [If relief is claimed against the President or a Governor in civil proceedings during their term of office, the proceedings are stayed until the expiration of two months after notice is delivered to them.]

Question-15: Who can bring appropriate proceedings against the Government of India or the Government of a State under Article 361?

1. Any citizen of India
2. Only Members of Parliament
3. Only state governments
4. Only Governors and Rajpramukhs

Answer: (A): [Under Article 361, any person, including citizens of India, has the right to bring appropriate proceedings against the Government of India or the Government of a State.]

Question-16: In which situation can the conduct of the President be reviewed under Article 361?

1. If the Prime Minister initiates the review process
2. If any court, tribunal, or body appointed or designated by either House of Parliament investigates a charge under article 61
3. If the President voluntarily submits to review
4. If the Chief Justice of India orders the review

Answer: (B): [The conduct of the President can be reviewed under Article 361 if any court, tribunal, or body appointed or designated by either House of Parliament investigates a charge under Article 61.]

Question-17: What is the consequence of bringing civil proceedings against the President or a Governor during their term of office without proper notice?

1. The proceedings are automatically dismissed.
2. The person bringing the proceedings may be fined.
3. The President or Governor loses immunity for future proceedings.
4. The court may sanction the proceedings after proper notice.

Answer: (B): [If relief is claimed against the President or a Governor in civil proceedings during their term of office without proper notice, the proceedings may be sanctioned after proper notice.]

Question-18: Which article of the Indian Constitution deals with the immunity of the President, Governors, and Rajpramukhs?

1. Article 356
2. Article 361
3. Article 369
4. Article 371

Answer: (B): [Article 361 of the Indian Constitution deals with the immunity of the President, Governors, and Rajpramukhs.]

Question-19: Under Article 361, who has the authority to bring charges against the President or a Governor?

1. State government officials
2. Members of the judiciary
3. Members of Parliament
4. Citizens of India

Answer: (D): [Under Article 361, citizens of India have the authority to bring charges against the President or a Governor.]

Question-20: What is the duration of immunity provided to the President, Governors, and Rajpramukhs under Article 361?

1. Lifelong immunity
2. Immunity until the end of their term of office
3. Immunity for a period of five years
4. Immunity until retirement from public service

Answer: (B): [The immunity provided to the President, Governors, and Rajpramukhs under Article 361 lasts until the end of their term of office.]

Question-21: Which provision of Article 361 allows for the initiation of criminal proceedings against the President or a Governor?

1. Clause (1)
2. Clause (2)
3. Clause (3)
4. Clause (4)

Answer: (B): [Clause (2) allows for the initiation of criminal proceedings against the President or a Governor during their term of office.]

Question-22: What is the significance of the provision in Clause (1) of Article 361 regarding the conduct of the President?

1. It grants absolute immunity to the President.
2. It allows for the review of the President’s conduct by designated bodies.
3. It restricts the President’s powers and duties.
4. It provides immunity only to civil proceedings against the President.

Answer: (B): [Clause (1) allows for the review of the President’s conduct by designated bodies, ensuring accountability.]

Question-23: What does Clause (3) of Article 361 specifically prohibit?

1. Process for the arrest or imprisonment of the President or a Governor
2. Review of the President’s conduct by any court
3. Bringing of civil proceedings against the President or a Governor
4. Appointment of a tribunal to investigate charges against the President

Answer: (A): [Clause (3) specifically prohibits the process for the arrest or imprisonment of the President or a Governor during their term of office.]

Question-24: What is the purpose of the two-month notice requirement in Clause (4) of Article 361?

1. To provide time for the President or Governor to prepare a defense
2. To expedite the legal process against the President or Governor
3. To prevent any legal action against the President or Governor
4. To ensure public awareness of legal proceedings against the President or Governor

Answer: (D): [The two-month notice requirement in Clause (4) of Article 361 aims to ensure public awareness of legal proceedings against the President or Governor.]

Question-25: Which of the following statements accurately reflects the scope of immunity provided by Article 361?

1. It extends to criminal and civil proceedings against the President or a Governor.
2. It grants immunity only to actions taken by the President or a Governor in their official capacity.
3. It bars any form of legal action against the President or a Governor, including judicial review.
4. It provides immunity solely to the President, excluding Governors and Rajpramukhs.

Answer: (B): [Article 361 grants immunity only to actions taken by the President or a Governor in their official capacity, not extending to criminal and civil proceedings.]

Question-26: Who has the authority to designate bodies for reviewing the conduct of the President under Article 361?

1. The President
2. The Prime Minister
3. The Parliament
4. The Supreme Court

Answer: (C): [The Parliament has the authority to designate bodies for reviewing the conduct of the President under Article 361.]

Question-27: What is the primary reason for providing immunity to the President, Governors, and Rajpramukhs under Article 361?

1. To prevent interference in their duties by the judiciary
2. To ensure transparency in their actions
3. To protect them from frivolous legal actions
4. To establish their authority over other branches of government

Answer: (C): [The primary reason for providing immunity under Article 361 is to protect Presidents, Governors, and Rajpramukhs from frivolous legal actions.]

Question-28: Under which circumstances can civil proceedings be initiated against the President or a Governor during their term of office?

1. If the President or Governor consents to the proceedings
2. If the proceedings are initiated by the Parliament
3. If proper notice is given as per Clause (4) of Article 361
4. If the Supreme Court orders the proceedings

Answer: (C): [Civil proceedings can be initiated against the President or a Governor during their term of office if proper notice is given as per Clause (4) of Article 361.]

Question-29: What is the consequence of initiating criminal proceedings against the President or a Governor during their term of office?

1. The proceedings are automatically stayed.
2. The court may issue a notice to the President or Governor seeking clarification.
3. The proceedings are barred by law.
4. The President or Governor loses immunity for the duration of the proceedings.

Answer: (C): [Initiating criminal proceedings against the President or a Governor during their term of office is not automatically barred by law, but they enjoy immunity during their term.]

Question-30: Which of the following is NOT a provision of Article 361 regarding the immunity of the President, Governors, and Rajpramukhs?

1. Protection from civil proceedings during their term of office
2. Authority to review the conduct of the President by designated bodies
3. Immunity from criminal proceedings during their term of office
4. Absolute immunity for life after leaving office

Answer: (D): [Absolute immunity for life after leaving office is not a provision of Article 361; immunity ceases once the term of office ends.]