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GS Polity Miscellaneous
Q.

Consider the following statements with reference to lawsuits against Public Officials:

1. No criminal and civil proceedings can be initiated against the President and the Governors in respect of their personal acts.

2. The judicial officers enjoy immunity from any liability in respect of their official acts and they cannot be sued.

3. Under the Constitution, the civil servants are conferred personal immunity from any legal liability for official contracts. 

Which of the statements given above is/are correct?
Explanation:

ANSWER: (C)

  • Statement 1 is not correct.

No criminal proceedings can be started against the president and the governors in respect of their personal acts nor can they be arrested or imprisoned. This immunity is limited to the period of the term of their office only and does not extend beyond that. 

Civil proceedings can be started against them during their term of office in respect of their personal acts after giving two months advance notice.

  • Statement 2 is correct.

The Judicial Officers enjoy immunity from any liability in respect of their official acts and cannot be sued. The Judicial Officers Protection Act (1850) lays down that, ‘no judge, magistrate, justice of peace, collector or other person acting judicially shall be liable to be sued in any civil court for any act done by him in the discharge of his official duty’. 

  • Statement 3 is correct.

Under the Constitution, the civil servant who made a contract in his official capacity is not personally liable in respect of that contract but it is the government (Central or state) that is liable for the contract. But, if the contract is made without complying the conditions specified in the Constitution, then the civil servant who made the contract is personally liable.  

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