Article 361 of the Indian Constitution grants the Governor a unique set of immunities to ensure the dignified and unimpeded exercise of constitutional office, balancing executive accountability with institutional insulation.
The Governor is not answerable to any court for the exercise and performance of powers and duties of the office. This immunity is absolute in scope, shielding official acts from judicial scrutiny during the tenure, thereby preserving the Governor's constitutional authority to act without fear of litigation.
No criminal proceedings can be instituted or continued against a Governor in any court during the term of office. This protection applies to both personal and official acts, reflecting the constitutional design that the Governor, as the constitutional head of a State, must remain free from criminal prosecution while in office.
Civil proceedings for acts done in a personal capacity require a two-month prior notice before institution; they are not entirely barred. This qualified immunity distinguishes personal conduct from official conduct, ensuring some avenue of civil redress while preventing frivolous or politically motivated suits during tenure.
These immunities are not privileges of the individual but protections attached to the constitutional office. Post-tenure, the Governor loses these protections, and courts have held that immunity cannot shield acts that are grossly unconstitutional, preserving a residual check on executive overreach.
Article 361 immunities reflect a deliberate constitutional balance — insulating the office from disruption while retaining post-tenure accountability. Strengthening transparency norms around gubernatorial conduct would reinforce this balance without undermining constitutional design.
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