SHILLONG: In the news item “HC: Guv can take decision with EC View” (ST Nov 25, 2015), the quotation from Article 361 read: “The President, or the Governor or Rajpramukh of a State, 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 by him in the exercise and performance of those powers and duties: Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Governor…”
The correct Constitutional position in respect of Article 361 is: “The President, or the Governor or Rajpramukh of a State, 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 by him in the exercise and performance of those powers and duties: Provided further that nothing in this clause shall be construed as restricting the right of any person to bring appropriate proceedings against the Government of India or the Government of a State.” The quote inadvertently cited in yesterday’s news item is regretted.
