Q. With reference to immunities provided for the President of India, consider the following statements:
1. He/She cannot be held liable for any act done by him in the exercise of his official duties.
2. The official conduct of the president cannot be reviewed by any court or tribunal.
3. No criminal proceedings can be started against the president during the term of his/her office.
How many statements given above are correct?
Exp) Option b is the correct answer.
The Constitution of India, under Article 361, confers certain immunities to the president of India and governor of states with regard to their official acts and personal acts. These are:
Statement 1 is correct. The president and the governors cannot be held liable during the term of their office or thereafter, for any act done by them in the exercise and performance of their official powers and duties.
Statement 2 is incorrect. The official conduct of the president can be reviewed by a court, tribunal or any other body authorised by either House of Parliament to investigate charges for impeachment.
Statement 3 is correct. No criminal proceedings can be started against the president and the governors in respect of their personal acts nor can they be arrested or imprisoned. This immunity is limited to the period of the term of their office only and does not extend beyond that. However, civil proceedings can be started against them during their term of office in respect of their personal acts after giving two months’ advance notice.
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