Under Article 361(1) of the Constitution of India, the President of India and the Governor of a State:

Shall NOT be answerable to any Court for the exercise and performance of the powers and duties of their office or for any act done or purporting to be done by them in the exercise of those powers (subject to Article 61 impeachment inquiry)

Are directly answerable to the Supreme Court on public interest writs

Can be summoned as ordinary witnesses by District Courts

Enjoy immunity only during war time

Under Article 361(2) and Article 361(3) of the Constitution of India, during their term of office:

NO criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court, and NO process for the arrest or imprisonment of the President or a Governor shall issue from any court

Criminal proceedings can be initiated with permission of Chief Justice of India

The Prime Minister can waive the President's criminal immunity

Immunity applies only to minor traffic offences

Under Article 361(4) of the Constitution of India, can civil proceedings in respect of an act done in personal capacity be instituted against the President or a Governor during their term of office?

YES, but ONLY AFTER the expiration of TWO MONTHS next after notice in writing has been delivered to him, stating the nature of the proceeding, cause of action, and relief claimed

No, civil proceedings are absolutely barred forever

Yes, without any prior notice requirement

Only with the prior sanction of Parliament

Article 361B of the Constitution of India (inserted by the 91st Constitutional Amendment Act, 2003) provides that:

A member of a House of Parliament or State Legislature who is disqualified for defection under the Tenth Schedule shall ALSO be DISQUALIFIED to hold any remunerative political post (e.g. minister, public board chairman) from the date of disqualification till the expiry of his term or till he is re-elected

All MPs are barred from drawing government pensions

Governors cannot draw salary after retirement

Judges cannot accept political posts for 10 years

Under Article 365 of the Constitution of India, where any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union (under Arts 256/257/353):

It shall be LAWFUL for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution (triggering Article 356 President's Rule)

The State High Court is automatically suspended

The State is merged into a neighbouring Union Territory

The Governor is dismissed by the Chief Minister

Under which Constitutional Amendment Act was the State of Nagaland formed and conferred special constitutional protections under Article 371A (protecting Naga customary law, religious practices, and land ownership from Acts of Parliament)?

The Constitution (Thirteenth Amendment) Act, 1962

Under Part XXI of the Constitution of India, what is the correct mapping of special provisions for various States under Articles 371 to 371J?

1. Art 371: Maharashtra & Gujarat 2. Art 371A: Nagaland (13th Amend 1962) 3. Art 371B: Assam (22nd Amend 1969) 4. Art 371C: Manipur (27th Amend 1971) 5. Art 371D & 371E: Andhra Pradesh & Telangana (32nd Amend 1973) 6. Art 371F: Sikkim (36th Amend 1975) 7. Art 371G: Mizoram (53rd Amend 1986) 8. Art 371H: Arunachal Pradesh (55th Amend 1986) 9. Art 371I: Goa (56th Amend 1987) 10. Art 371J: Karnataka (98th Amend 2012)

Article 371 applies only to Jammu and Kashmir

Article 371 covers all Union Territories

Article 371 applies only to Meghalaya

Regarding Article 370 of the Constitution of India (Temporary provisions with respect to the State of Jammu and Kashmir) and the Constitution of J&K:

Article 370 was explicitly titled 'Temporary provisions with respect to the State of Jammu and Kashmir' in Part XXI; the separate Constitution of Jammu and Kashmir was framed by its own Constituent Assembly and came into full force on January 26, 1957

Article 370 was an unamendable permanent provision in Part III

The Constitution of J&K came into force on 15 August 1947

Article 370 applied to all princely states

Under Article 372(1) of the Constitution of India, what is the constitutional mechanism for the continuance of pre-constitutional colonial laws and the English Common Law in independent India?

All the laws in force in the territory of India immediately before the commencement of this Constitution (including pre-constitutional statutes and applicable Common Law principles) shall CONTINUE IN FORCE until altered, repealed, or amended by a competent Legislature or other competent authority

All British era laws automatically became void on 26 January 1950

Only criminal laws continued, civil laws lapsed

Common law was replaced entirely by French civil code

📖 Constitution of India•🎯 15 Practice MCQs

Part XIX, XXI, XXII: Miscellaneous & Special Provisions (Articles 361–395)

Chapter-wise objective questions with statutory bare act articles, landmark Supreme Court case laws, and past judicial service citations.

Very Importantarticle-361-1personal-immunity-president-governornon-answerability-to-courtsMPJS 2010CJS 2014DU LLM Entrance 2009MP HJS 2008UPSC CS 2002UPSC CS 1997article-361-2article-361-3

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Part XIX, XXI, XXII: Miscellaneous & Special Provisions (Articles 361–395) • 15 Questions

📚 Chapter Practice Coverage

This practice module for Part XIX, XXI, XXII: Miscellaneous & Special Provisions (Articles 361–395) contains 15 Multiple Choice Questions tailored for State Judicial Service Preliminary Examinations (including UP PCS-J, Delhi Judicial Service, Bihar Judiciary, MP Judiciary, Rajasthan Judicial Service), CLAT LL.M, All India Bar Examination (AIBE), and UGC-NET Law.

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