Question map
1%'hich provision of the Constitu- tion of India provides that the President shall not be answer- able to any Court in India for the exercise of powers of His office?
Explanation
Article 361 of the Constitution of India provides personal immunity to the President and Governors. Specifically, Article 361(1) stipulates that the President shall not be answerable to any court for the exercise and performance of the powers and duties of his office [2]. This provision serves as a constitutional exception to the 'Rule of Law' and Article 14, ensuring that the head of state is protected from legal harassment while performing official duties [2]. While Article 53 vests the executive power of the Union in the President [1] and Article 74 deals with the aid and advice of the Council of Ministers [1], it is Article 361 that explicitly grants immunity from judicial accountability for official acts. This immunity also extends to criminal proceedings during the term of office [2].
Sources
- [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > II Equality before Law and Equal Protection of Laws > p. 78
- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 11: The Union Executive > 2. Powers and Duties of the President > p. 210