Consider the following statements regarding suits against public officials:
1. No civil proceedings can be initiated against the President during his term of office.
2. No criminal proceedings can be initiated against the Governor of any state during his term of office.
3. The constitution grants immunity to the ministers for their official Acts.
Which of the statements given above is/are correct?
1. No civil proceedings can be initiated against the President during his term of office.
2. No criminal proceedings can be initiated against the Governor of any state during his term of office.
3. The constitution grants immunity to the ministers for their official Acts.
Which of the statements given above is/are correct?
Important Points to Remember in Chapter -1 - Part XIX Miscellaneous Provisions from Cengage Experts Team Indian Polity For UPSC And State Civil Services Examinations Solutions
Miscellaneous Provisions
1. This part consists of articles that cannot be joined with other articles of the constitution.
2. Article 361 contains provisions that protects the President and the governors from the provisions of Article 14 (Equality before law). It states that:
i. The President, or the Governor or Rajpramukh 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.
ii. 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.
3. Article 361B states that a member of a House belonging to an political party who is qualified for being a member of House under paragraph 2 of the Tenth Schedule shall also be disqualified to hold any remunerative political post for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or till the date on which he contests an election to a House and is declared elected, whichever is earlier.
4. This part also contains provisions related to princely states and the agreements made by the princely states before the commencement of the constitution.
5. Certain provisions regarding ports and aerodromes have also been made in this part.
6. Article 367 states that if any State has failed to comply with, or to give effect to, any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.
7. It also contains certain definitions and interpretations applicable to the constitution
