"In light of recent developments, Article 361 of the Indian Constitution has come under scrutiny regarding the immunity granted to the President and Governors. Discuss the scope and limitations of this immunity and its significance in maintaining the independence of high constitutional offices."

Category: Polity (GS -II),

Test Date: 05 Jul 2024

Approach:

Introduction: Briefly introduce Article 361 of the Indian Constitution and its purpose of granting immunity to the President and Governors from certain legal actions during their term in office.
Scope of Immunity: It shields the President and Governors from criminal proceedings and arrest warrants during their tenure.
- Discuss how this immunity extends to actions taken in the course of their official duties to safeguard their independence and functioning.
Limitations of Immunity: It does not provide absolute impunity for all actions. The immunity does not cover acts clearly outside the scope of their constitutional responsibilities or shield them from prosecution once they leave office.
Significance in Maintaining Independence of high constitutional offices such as the President and Governors.
Recent Legal Scrutiny and Interpretation: Mention recent legal challenges or Supreme Court rulings (Rameshwar Prasad v Union of India)
Conclude accordingly

Mains Answer Writing