Article 361 of the Constitution of India

court for the exercise and performance of the powersand 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 bodyappointed 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 bringappropriate proceedings against the Government of Indiaor the Government of a State. (2) No criminal proceedings whatsoever shall be instituted or continued against the President, or theGovernor 1*** 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 1*** of a State, shall issue from any court during his term of office. (4) No civil proceedings in which relief is claimed against the President, or the Governor 1*** 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 byhim in his personal capacity, whether before or after heentered upon his office as President, or as Governor 1*** of such State, until the expiration of two months nextafter notice in writing has been delivered to the President or the Governor 2***, 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 231Protection of President andGovernors andRajpramukhs. 1The words “or Rajpramukh” omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. 2The words “or the Rajpramukh” omitted by s. 29 and Sch., ibid. residence of the party by whom such proceedings are to be instituted and the relief which he claims. 1[361A. (1) No person shall be liable to any proceedings, civil or criminal, in any court in respect ofthe publication in a newspaper of a substantially truereport of any proceedings of either House of Parliamentor the Legislative Assembly, or, as the case may be, eitherHouse of the Legislature, of a State, unless the publicationis 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 asecret sitting of either House of Parliament or theLegislative Assembly, or, as the case may be, either Houseof the Legislature, of a State. (2) Clause (1) shall apply in relation to reports or matters broadcast by means of wireless telegraphy aspart of any programme or service provided by means ofa broadcasting station as it applies in relation to reportsor matters published in a newspaper. Explanation.— In this article, “newspaper” includes a news agency report containing material for publicationin a newspaper.] 2[361B . A member of a House belonging to any political party who is disqualified for being a member ofthe House under paragraph 2 of the Tenth Schedule shallalso be disqualified to hold any remunerative politicalpost for duration of the period commencing from thedate of his disqualification till the date on which theterm of his office as such member would expire or till thedate on which he contests an election to a House and isdeclared elected, whichever is earlier. Explanation .—For the purposes of this article, — (a) the expression “House” has the meaning assigned to it in clause (a) of paragraph 1 of theTenth Schedule;Protection ofpublication ofproceedings ofParliament andState Legislatures. Disqualification for appointmenton remunerativepolitical post. 1Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 42 (w.e.f. 20-6-1979). 2Ins. by the Constitution (Ninety-first Amendment) Act, 2003, s. 4.THE CONSTITUTION OF INDIA (Part XIX. —Miscellaneous. —Arts. 361—361 B.)232 (b) the expression “remunerative political post” means any office — (i) under the Government of India or the Government of a State where the salary or remuneration for such office is paid out of thepublic revenue of the Government of India or the Government of the State, as the case may be; or (ii) under a body, whether incorporated or not, which is wholly or partially owned by the Government of India or the Government of a State and the salary or remuneration for suchoffice is paid by such body, except where such salary or remuneration paid is compensatory in nature.