Article 361 of CoI : Article 361: Protection of President and Governors and Rajpramukhs.

Explanation using Example

Example 1:

Scenario: The President of India makes a controversial decision to deploy the military in a particular state to maintain law and order.

Application of Article 361:

• Protection from Legal Action: The President cannot be taken to court for this decision. No court can question the President's decision or hold him accountable for the exercise of his powers.
• Review by Parliament: However, if there is a serious allegation against the President regarding this decision, the conduct can be reviewed by a body appointed by either House of Parliament under Article 61.

Example 2:

Scenario: The Governor of a state signs an ordinance that is later challenged by a citizen claiming it violates their fundamental rights.

Application of Article 361:

• Protection from Legal Action: The Governor cannot be sued in any court for signing the ordinance. The Governor is protected from any legal proceedings for actions taken in the exercise of his official duties.
• Proceedings Against Government: The citizen can still bring a case against the State Government challenging the ordinance, but not directly against the Governor.

Example 3:

Scenario: A criminal case is filed against the Governor of a state for an alleged crime committed before taking office.

Application of Article 361:

• Criminal Proceedings: No criminal proceedings can be initiated or continued against the Governor during his term of office. The case will have to wait until the Governor's term ends.

Example 4:

Scenario: A civil lawsuit is filed against the President for a personal business transaction that allegedly caused financial loss to another party before he took office.

Application of Article 361:

• Civil Proceedings: The lawsuit cannot be initiated during the President's term of office. The plaintiff must wait until the President's term ends or provide a two-month notice in writing to the President, detailing the nature of the proceedings and the relief sought.