What Protection and Immunities are available to president of India

What Protection and Immunities are available to president of India
What Protection and Immunities are available to president of India
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What Protection and Immunities are available to president of India ?

 

Protection and Immunities of President and Governors (Article 361)

 

(1) The President or the Governor 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 that the conduct of the President may be brought under review by any court, tribunal or body appointed or designated by either House of Parliament for the investigation of a charge under Article 61:

Protection and Immunities of President

Provided further that nothing in this clause shall be construed as restricting the right of any person to bring ppropriate proceedings against the Government of India or the Government of a State.

(2) No criminal proceedings whatsoever shall be instituted or continued against the President or the Governor of a State, in any court during his term of office.




Protection and Immunities of President

(3) No process for the arrest or imprisonment of the President or the Governor of a State, shall issue from any court during his term of office.

(4) No civil proceedings in which relief is claimed against the President or the Governor of a State, shall be instituted during his term of office in any court in respect of any act done or purporting to be done by him in this personal capacity, whether before or after he entered upon his office as President or as Governor of such State, until the expiration of two months next after notice in writing has been delivered to the President or the Governor, as the case may be or left at his office stating the nature of the proceedings, the cause of action therefore, the name, description and place of residence of the party by whom such proceedings are to be instituted and the relief which he claims.




Protection and Immunities of President

In Rameshwar Prasad v. Union of India the Supreme Court has held that the Governor enjoys complete immunity. He is not answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purported to be done by him in the exercise and performance of those powers and duties.

 

However, the immunity granted to him by Article 361(1) does not take away the power of the Court to examine the validity of the action including on the ground of m da fide State or Union of India has to defend his action.




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