- Article 361 of the Constitution provides protection to the President and Governors. - It states that they shall not be answerable to any court for the exercise and performance of the powers and duties of their office (Statement B). Consequently, courts cannot compel them to perform any duty (Statement A), and cannot issue notice to make them answerable for official acts (Statement C). - However, this personal immunity granted to the Head of State for their official actions does not prevent a person from challenging the legality or constitutionality of the action itself through appropriate legal proceedings (e.g., challenging a government order or law in court, which may be issued in the name of the President/Governor). The immunity is for the person, not a blanket immunity for the action from judicial review. Statement D incorrectly claims that the immunity bars challenging the action itself.
Which of the following statement is not correct regarding personal immunity from legal action to the President / Governors?
Asked in GPSC Prelims CSP 1 2018 · Topic: The President (Qualifications, Term, Conditions of Office, and Oath)
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Answer: D. Personal immunity bars a person to challenge the action of the head of the state in the court of law.
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