IAS (Admin.) IAS Mains GS Paper 2 (Governance, Polity, Social Justice, & IR) Governance and Polity-Parliament and State Legislatures Study Material (Page 20 of 46)

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Privilege of the President: Article 361, Powers of the President, Pardoning Power

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Privilege of the President: Article 361

(a) He shall not be answerable to any court for the exercise and performance of the powers and duties. However, the conduct of the President is subject to review.

(b) No criminal proceedings whatsoever shall be instituted and continued against the President in any court during the term of office.

(c) No process for…

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Comparative Power of President and Governor: Art 72 and Article 161, Exercise of the Power, Judicial Review of Exercise of President՚s Power, Lies Outside the Purview, Lies Within the Purview

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Comparative Power of President and Governor: Art 72 and Article 161

Exercise of the Power

  • Being an executive power, the power of the President is to be exercised on the advice tendered by the Council of Ministers.
  • Subject to the above, the President may scrutinise the evidence on record of the criminal case and come to a different conclusion from that recorded by the court. In doing so the President does not amend or modify or supersede the judicial record. The President acts in a wholly different plan. He acts under a constitutional power and is entitled to go into the merits of the case. If he takes a different view it would not amou…

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