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Q7 (CDS-I/2011) Polity & Governance › Union Executive › Office of President Answer Verified

Statement I : The principle of equality before the law is not applicable to the President of India. Statement II : The President of India enjoys some special privileges under the Constitution of India.

Result
Your answer: —  Â·  Correct: A
Explanation

Article 14 of the Constitution provides for 'equality before the law' [3]. However, this principle is not absolute and is subject to constitutional exceptions [1]. Statement I is true because the President of India is granted specific immunities that exempt the office from the standard application of equality before the law [4]. Statement II is also true as Article 361 provides the President with special privileges, such as not being answerable to any court for official duties and absolute immunity from criminal proceedings during their term [1]. Statement II correctly explains Statement I because these 'special privileges' and immunities are the legal mechanism through which the general rule of equality is bypassed for the Head of State to ensure the independent functioning of the office [4]. Thus, both statements are true, and Statement II is the correct explanation for Statement I.

Sources

  1. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 29: RIGHTS AND LIABILITIES OF THE GOVERNMENT AND PUBLIC SERVANTS > CHAP. 29] REGULATIONS AND LAWS OF THE GOVERNMENT AND PUBLIC SERVANTS 429 > p. 429
  2. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > II Equality before Law and Equal Protection of Laws > p. 78
  3. [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 101
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