Constitution of India, 1949
361 Protection of President and Governors and
Rajpramukhs.-
(1) The President, or the Governor or
Rajpramukh of a State, shall not be answerable to any court for the exercise
and performance of the powers and 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 body appointed 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 bring appropriate
proceedings against the Governor of India or the Government of a State.
(2) No criminal proceedings whatsoever shall
be instituted or continued against the President, or the Governor 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 of a State, shall issue from any court during
his term of office.
(4) any civil proceedings in which relief is
claimed against the President, or the Governor 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 by him in his personal capacity, whether before or after he entered
upon his office as President, or as Governor of such State, until the
expiration of two months next after notice in writing has been delivered to the
President or Governor, 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 residence of the party by whom such proceedings are to be
instituted and the relief which he claims.