This article grants certain privileges to the President and Governors, ensuring that they can perform their constitutional duties without fear of legal actions. Here’s a brief overview of Article 361:
- Immunity from Legal Proceedings: Article 361(1) states that the President and the Governors are immune from any criminal or civil proceedings during their tenure in office. This immunity is intended to protect them from being dragged into legal disputes that could hinder their ability to discharge their constitutional duties.
- Protection for Official Actions: The President and Governors are protected from legal proceedings not only for their personal actions but also for any official acts they perform during their tenure. This provision ensures that they can carry out their constitutional responsibilities without the constant threat of legal actions.
- Exception for Impeachment: While the President and Governors enjoy immunity from regular legal proceedings, Article 361(2) specifies that they can be impeached by a special procedure mentioned in the Constitution. Impeachment is a rare and extreme measure reserved for cases of serious misconduct or violation of the Constitution.
- No Arrest or Imprisonment: Article 361(3) states that the President and Governors cannot be arrested or imprisoned during their tenure in office. However, it is important to note that this immunity is not absolute, and certain constitutional provisions, such as impeachment, allow for their removal from office.
This immunity is designed to protect the highest constitutional authorities of the country from frivolous or politically motivated legal actions. It is important to ensure that the President and Governors can perform their functions impartially and without undue interference. However, this immunity is not absolute and should not be used as a shield for unlawful activities.