Q. Which of the following is/are exceptions to rule of equality (Article 14)?
1. The President or the Governor is not answerable to any court for the exercise and performance of the powers and duties of his office
2. No criminal proceedings shall be instituted or continued against the President or the Governor in any court during his term of office
3. Article 31-B is an exception to Article 14
Which of the following codes below given is/are correct?
The rule of equality before law is not absolute and there are constitutional and other exceptions to it. These are mentioned below:
1. The President of India and the Governor of States enjoy the following immunities (Article 361):
(i) The President or the Governor is not answerable to any court for the exercise and performance of the powers and duties of his office.
(ii) No criminal proceedings shall be instituted or continued against the President or the Governor in any court during his term of office.
(iii) No process for the arrest or imprisonment of the President or the Governor shall be issued from any court during his term of office.
2. Article 31-C is an exception to Article 14. It provides that the laws made by the state for implementing the Directive Principles contained in clause (b) or clause (c) of Article 39 cannot be challenged on the ground that they are violative of Article 14. The Supreme Court held that “where Article 31-C comes in, Article 14 goes out”.
Source: ForumIAS
