The rule of equality before the law doesnt apply on:a)President of Ind...
- Article 361 is an exception to Article 14 (Right to Equality) of the Indian Constitution.
- Exceptions under Equality Before Law in the Indian Constitution
- President or Governor of the state is not answerable to the court of law for exercising their executive powers.
- No criminal proceeding against the President or Governor of state can be instituted or continued during their tenure in office.
- No civil proceeding in which there is a claim of compensation can be instituted against the President or Governor of the state except after the expiry of 2-month notice issued against them.
- 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.
The rule of equality before the law doesnt apply on:a)President of Ind...
The rule of equality before the law is a fundamental principle of democracy that ensures that every individual, regardless of their social status or position, is equal in the eyes of the law. However, there are certain exceptions to this rule in India, where some individuals are granted immunity from prosecution or legal action. These exceptions are discussed below.
Presidents of India:
The President of India is the head of state and the commander-in-chief of the armed forces. As per Article 361 of the Indian Constitution, the President enjoys immunity from any criminal or civil proceedings during their tenure in office. This immunity is extended to the President even after they have left the office.
Governors of States:
Similar to the President, the Governors of States are also granted immunity from any criminal or civil proceedings during their tenure in office, as per Article 361A of the Indian Constitution. This immunity is extended to the Governors even after they have left the office.
Members of the Legislature:
Members of the Legislature, including Members of Parliament and Members of State Legislative Assemblies, enjoy certain privileges and immunities that are necessary to ensure their independence and autonomy. These privileges include freedom of speech, the right to vote, and immunity from legal action for anything said or done in the course of their official duties.
Conclusion:
In conclusion, it can be said that while the rule of equality before the law is a fundamental principle of democracy, there are certain exceptions to this rule in India. The President, Governors of States, and Members of the Legislature are granted immunity from legal action during their tenure in office and even after they have left the office. However, it is important to note that this immunity is granted to ensure their independence and autonomy and not to shield them from accountability for any wrongdoing.