exercise of his powers of Article 164 acts in his sole discretion and enjoys Immunity under Article 361. The discretion exercised by the Governor ... that in view of the protection given to the Governor under Article 361 of the Constitution the Court cannot examine and interfere into the matter
performance of those powers and duties. The immunity granted by Article 361(1) does not, however, take away the power of the Court to examine
Government himself? For this purpose a reference must be made to Article 361 of the Constitution of India. Article 361(1) of the Constitution ... 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
Barua, learned Advocate General, Assam, raised a preliminary point that under Article 361 of the Constitution, the Governor is not answerable to any court ... that in view of the protection given to the Governor under Article 361 of the Constitution the court cannot examine and interfere into the matter
called in question in view of the embargo placed under Article 361 of the Constitution. In the Writ Petition the Governor is not made party ... maintainable on the facts of the present case. In view of Article 361 of the Constitution Governor could not have been impleaded in the Writ
grant of pension in the Government Service/Civil Department. The Article 361 of Chapter XVI of the Civil Service Regulations provides conditions of qualifications ... pension. Article 361 reads as under :-
"The service of an officer does not qualify for pension unless it conforms to the following three conditions
impleaded, as there is a bar under Article
361 of the Constitution of India. After discussing various judgments
on the immunity of Governor under Article ... purpose. We
are therefore of the opinion that the immunity under Article
361(1) extends in an appropriate case to the Governor
discharging powers
Mahendra Nath Das vs The Union Of India And Ors on 30 January, 2012
Author
President cannot be inquired into by any Court. Again by Article 361 (1) the President is not answerable to any Court for the exercise ... powers and duties except in an investigation of a charge under Article 361. All that is saved is that appropriate proceedings against Government of India
that article ;
article 181 , clause (c) of article 183 and the proviso to that
article ;
articles 185 , 188 , 189 , 193 and 194 ;
articles ... herein shall affect the provisions of article
153 , articles 155 to 159 (both inclusive), article 299 and article 361 and
paragraphs 1 to 4 (both
