Q. With reference to the exceptions to equality under Article 14 of the Constitution, consider the following statements:
1. No civil proceedings can be instituted against the President during the term of office.
2. Laws made by the state for implementing the Directive Principles contained in Article 39 cannot be challenged on the ground that they are violative of Article 21.
3. The foreign ambassadors and diplomats enjoy immunity from both criminal and civil proceedings.
How many statements given above are correct?
Exp) Option a is the correct answer.
The rule of equality before law is not absolute and there are constitutional and other exceptions to it.
Statement 1 is incorrect: No criminal proceedings shall be instituted or continued against the President or the Governor in any court during his term office. However civil proceedings can be instituted after the expiration of two months of delivery of notice. Thus, no civil proceedings against the President or the Governor shall be instituted during his term of office in any court in respect of act done by him in his personal capacity, whether before or after he entered upon his office, until the expiration of two months next after notice has been delivered to him.
Statement 2 is incorrect: Article 31-C is an exception to Article 14. It provides that the laws made by the state for implementing the Directive Principles contained only in clause (b) or clause (c) of Article 39 (and not complete Article 39) cannot be challenged on the ground that they are violative of Article 14, not Article 21.
Statement 3 is correct: The foreign sovereigns (rulers), ambassadors and diplomats enjoy immunity from both criminal and civil proceedings. The UNO and its agencies enjoy the diplomatic immunity
