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    Question

    Which of the following statements with reference to

    ‘Exceptions to Equality’ provided under Article 14 of the Constitution is correct?
    A The President or Governor is not answerable to any court for the exercise and performance of powers and duties of his office till six months from the date of exercise of such powers and duties. Correct Answer Incorrect Answer
    B 42nd Constitutional Amendment Act has provided an immunity with respect to publication of substantially true reports of any proceeding of either house of Parliament. Correct Answer Incorrect Answer
    C A Member of Parliament enjoys immunity in respect of anything said in Parliament. Correct Answer Incorrect Answer
    D The President enjoys immunity in respect of any act done by him in his personal capacity, but this immunity is not provided to the Governor. Correct Answer Incorrect Answer

    Solution

    The rule of equality before law is not absolute and there are some exceptions to it. ● Article 361 provides following immunities to President and Governor: Option A is incorrect: They are not answerable to any court the exercise and performance of the powers and duties of office. There is no time limit in this. Option D is incorrect: No civil proceedings against the President or Governor shall be instituted during his term of office in any court in respect of any act done by him in his personal capacity, whether before or after he entered upon his office, until the expiration of two months after notice has been delivered to him. ● Option B is incorrect: 44th Constitutional Amendment Act has inserted Article 361A in the Constitution which provides protection to publication of substantially true reports of any proceedings of parliament and state legislatures. ● Option C is correct: Article 105 provides that “No member is liable to any proceeding in any court for anything said or any vote given by him in parliament or its committee”

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