Part XIX – Miscellaneous (Articles 361 to 367)

These Articles contain various provisions not covered under other specific parts of the Constitution.

Article 361 – Protection of President and Governors

Key Provisions:

1. No criminal proceedings shall be instituted or continued against:
   • The President of India
   • Governors of States
   • During their term of office
2. No arrest or imprisonment during term
3. Civil proceedings against them for personal acts are allowed only:
   • After 2 months’ notice
   • For actions done in personal capacity, not official

Interesting Facts:

• This article ensures the dignity and independence of the President/Governors.
• However, they can be impeached (President under Article 61) or removed (Governor by the President).

Article 361A – Protection of Publication of Proceedings of Parliament and State Legislatures

Key Provisions:

1. No person shall be liable to any proceedings in any court for publishing:
   • A true report of Parliament or State Legislature proceedings
2. Not protected if:
   • Publication is malicious or distorted
   • House has prohibited publication (in case of disorder or secrecy)

Added by:

• 44th Constitutional Amendment Act, 1978

Interesting Facts:

• Aims to promote freedom of the press while protecting legislative sanctity.

Article 361B – Disqualification for Membership due to Anti-Defection

Key Provisions:

• If a person is disqualified under Tenth Schedule (anti-defection law), they are also:
  • Disqualified for ministerial posts

Added by:

• 52nd Constitutional Amendment Act, 1985

Interesting Facts:

• Prevents defectors from getting ministerial rewards, ensuring ethical politics.

Article 362 – [Abolished]

Original Provision (Before 26th Amendment, 1971):

• Promised to respect rights and privileges of princely states/rulers as per Instruments of Accession

Abolished by:

• 26th Constitutional Amendment Act, 1971
• Also abolished privy purses

Article 363 – Bar to Interference by Courts in Disputes of Accession

Key Provisions:

1. No court shall have jurisdiction over:
   • Disputes arising out of Instruments of Accession
2. President is the final authority in such matters

Interesting Fact:

• Prevents judicial scrutiny of pre-Constitutional agreements with former princely states.

Article 363A – Recognition of Rulers of Indian States to Cease and Abolition of Privy Purses

Key Provisions:

• Abolishes:
  • Titles of rulers
  • Privy purses
  • Recognition of princely rulers

Added by:

• 26th Constitutional Amendment Act, 1971

Interesting Facts:

• A bold step by Indira Gandhi government
• Ended privileges of over 500 former princely families

Article 364 – Power of President to Issue Directions

Key Provisions:

1. President can direct compliance of laws relating to:
   • Industries
   • Transport
   • Communication
2. Especially where such sectors are declared as controlled by the Union

Interesting Fact:

• Ensures that certain strategic sectors are regulated uniformly across States

Article 365 – Effect of Failure to Comply with Union Directions

Key Provisions:

• If a State fails to comply with Union directions:
  • It can be deemed as failure of constitutional machinery
  • Can trigger President’s Rule (Article 356)

Interesting Facts:

• Serves as a warning mechanism
• Often cited before imposing President’s Rule

Article 366 – Definitions

Key Provisions:

• Provides definitions for important constitutional terms, such as:
  • “Article”
  • “Scheduled Castes/Scheduled Tribes”
  • “Union Territory”
  • “Official language”, etc.

Interesting Facts:

• Acts as a mini-glossary for constitutional interpretation

Article 367 – Interpretation

Key Provisions:

1. Refers to the General Clauses Act, 1897 for interpretation of constitutional provisions
2. Parliament may provide its own interpretation through amendments

Interesting Fact:

• Ensures uniform interpretation of terms across the Constitution and laws

Summary Table