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Discuss the constitutional provisions concerning the immunity of the Governors of states under Article 361 of the Indian Constitution. Examine the significance of this immunity in safeguarding their roles and responsibilities, while also analyzing the limitations and implications of such protections.

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Category: Polity (GS -II),

Test Date: 22 Jul 2024

Approach:

  • Introduction: Briefly introduce Article 361 and its purpose in providing immunity to the President and Governors from certain legal actions during their tenure.
  • Constitutional Provisions
    • Explain the key provisions of Article 361(2) regarding immunity from criminal proceedings and arrest warrants.
    • Highlight the intention behind these provisions to protect the independence and functioning of high constitutional offices.
  • Discuss Judicial Interpretations (e.g.- Rameshwar Prasad v Union of India)
  • Assess the significance of Article 361 in maintaining the constitutional balance of powers between the executive, legislative, and judicial branches.
  • Implications of immunity on governance, accountability, and public trust in the office of the Governor.
  • Conclude accordingly

Verifying, please be patient.

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