| Introduction: Contextual Introduction Body: What are the implications of Article 361 and how does this impact the balance of power? Conclusion: Way forward |
Article 361 of the Indian Constitution grants immunity to the President and Governors from legal proceedings while in office. This provision has significant implications and impacts the balance of power between the executive and judiciary.
Implications of Article 361
- Immunity from Prosecution: While serving in office, the President and Governors are not subject to criminal charges, arrests, or jail time. They are therefore protected from facing immediate legal repercussions for their conduct.
- Limited Judicial Review: The President and Governor’s judgments and acts while carrying out their official duties are not subject to challenge by the courts. As a result, the judiciary has less power to hold the executive branch responsible for possible abuses of power.
- Accountability via Impeachment: The sole available legal remedy is the difficult and contentious process of impeachment by Parliament. This makes it challenging to remove a President or Governor from office for misbehavior.
Impact on Balance of Power:
- Weakened Judicial Supremacy: Article 361 creates an exception to the principle of equality before the law. It tips the scales in favor of the executive, potentially weakening judicial supremacy.
- Potential for Abuse: Immunity can embolden the President or Governor to act with impunity, knowing they are shielded from immediate legal consequences.
- Alternative Checks and Balances: However, other mechanisms like parliamentary scrutiny, media criticism, and public opinion can still act as checks on the executive’s power.
- Balance Between Executive Immunity and Rule of Law: The provision is designed to prevent frivolous or politically motivated litigation that could hamper the functioning of the executive. However, the immunity is not absolute. Their actions can be scrutinized indirectly through judicial review and other constitutional mechanisms, such as impeachment of the President or removal of Governors.
- Central-State Relations: The immunity of Governors, who represent the central government in states, ensures they can perform their duties without undue interference from state-level legal challenges. This helps maintain the federal balance.
Conclusion
Article 361 complicates matters regarding the distribution of authority. The President and Governors are protected from lawsuits by it, but it also lessens judicial oversight and raises questions about possible executive abuse. The present discourse surrounding the possible amendment of Article 361 has the potential to alter the dynamic between the Indian court and the executive branch.
