President or Governor is not answerable to any court

Q.  Which of the following is/ are true?

1) The President is not answerable to any court for the exercise and performance of the powers and duties of his office.
2) In case of the President’s Rule in a state, the Supreme Court can ask the Governor for the grounds of recommendation of the President’s Rule.

- Published on 02 Feb 16

a. Only 1
b. Only 2
c. Both 1 and 2
d. None of the above

ANSWER: Only 1
  • Article 361 (1) of the Constitution gives the President and the Governor protection from legal action.
  • No civil proceedings in which relief is claimed against the governor can be instituted in any court during his term of office.
  • The Supreme Court recently gave notice to Arunachal Pradesh Governor J.P. Rajkhowa to respond why he recommended President’s rule in the sensitive border State. But owing to Article 36(1), the SC recalled the notice, citing it as a mistake.

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