सं Samvidhan

Constitution · Part XIX

Miscellaneous — MCQs with answers

45 exam-style questions on this part, written from the actual legal text and tagged for UPSC, Judiciary and CLAT. Five are shown below with answers and explanations — the rest are in the free interactive drill.

Q1 · easy · Article 361

Under Article 361(1), the President, Governor or Rajpramukh shall not be answerable to any court for which of the following?

  1. A.For the exercise and performance of the powers and duties of his office or for any act done or purporting to be done in that exercise and performance.✓ correct
  2. B.For any and all acts whatsoever, including purely private acts unconnected with official duties.
  3. C.Only for acts done after he has ceased to hold office.
  4. D.Only for acts if those acts have not been approved by Parliament.

Why: Article 361(1) states that the President, Governor or Rajpramukh 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 in that exercise and performance. It does not provide blanket immunity for purely private acts or limit immunity only to post‑office acts.

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Q2 · easy · Article 361

Which of the following correctly states the protection provided by Article 361(2)?

  1. A.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.✓ correct
  2. B.No civil proceedings for monetary relief may ever be brought against the President or Governor even after his term.
  3. C.The President can be prosecuted criminally during his term only with prior approval of Parliament.
  4. D.The President and Governors are immune from all forms of investigation while in office.

Why: Article 361(2) expressly provides that 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. It does not forbid civil proceedings in all circumstances nor create a parliamentary-approval rule for prosecution in the text.

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Q3 · medium · Article 361

Which statement correctly describes Article 361(3) regarding process for arrest or imprisonment?

  1. A.A court may issue process for the arrest of the President during his term but cannot execute it without parliamentary approval.
  2. B.Process for arrest or imprisonment may be issued only with the President's written consent.
  3. C.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.✓ correct
  4. D.Process for arrest can be issued by a High Court but not by a lower court during the term.

Why: Article 361(3) states clearly that 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. The prohibition is general and not limited to particular courts or subject to consent in the clause.

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Q4 · medium · Article 361

Under Article 361(4), what is required before civil proceedings claiming relief against the President or Governor in their personal capacity may be instituted during their term?

  1. A.Such civil proceedings are entirely barred during the term under all circumstances.
  2. B.Proceedings may be instituted immediately if the claimant files an affidavit of urgency.
  3. C.Parliamentary permission must be obtained before instituting such proceedings.
  4. D.Notice in writing stating the nature of proceedings, cause of action, claimant details and relief must be delivered or left at his office and two months must expire after that notice.✓ correct

Why: Article 361(4) provides that civil proceedings in which relief is claimed against the President or Governor in their personal capacity shall not be instituted during his term until the expiration of two months next after notice in writing has been delivered to or left at his office stating specified particulars. It does not absolutely bar all civil claims nor require parliamentary permission in this clause.

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Q5 · hard · Article 361

Which of the following is a correct exception or qualification to the immunity in Article 361(1)?

  1. A.The President’s conduct can never be examined by any body while he is in office.
  2. B.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 investigation of a charge under Article 61.✓ correct
  3. C.Nothing in Article 361 prevents a person from directly suing the President in his personal capacity in any court during his term without giving notice.
  4. D.Article 361(1) restricts the right of any person to bring proceedings against the Government of India.

Why: The first proviso to Article 361(1) permits the President's conduct to be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for investigation of a charge under Article 61. The second proviso preserves the right to bring appropriate proceedings against the Government, so the other options are incorrect.

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40 more questions on Miscellaneous

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Questions are AI-generated from the legal text, machine-verified against the provision, and editorially reviewable. Education, not legal advice.