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Monday, October 17, 2011

Q. Is there any provision to initiate legal proceedings against the President or the Governor ?What is the position of the Prime Minister in this respect?

Ans. The President or the Govern or cannot be called before any court of law with respect to the acts done by him in the performance of his official duties. Thus they arc not responsible to any court for their official actions. The impeachment proceedings may he initiated in Parliament against the President in order to remove him from office. The Governor is responsible to the President and can he removed any time by the President. Again, the criminal proceedings cannot be initiated in any court against the President or the Governor during his term of office. However, such proceedings may be launched after the President or the Governor ceases to hold office. The civil proceedings may be inhabited in courts by an affected person against the President or the Governor during their term of office, hut i is required to  give Two months’ advance notice to the President or the Governor before starting such proceedings.
The Prime Minister and other Ministers are not covered by such immunities. In 1975. a Bill to provide such immunities to Ministers was introduced in Lok Sabha hut it was not passed due to dissolution of the House. Thus, civil or criminal proceedings may he initiated against the Prime Minister and other Ministers during their term of office with the prior permission of the President.

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