In the context of the Constitution of India, which one of the followin

In the context of the Constitution of India, which one of the following statements is correct?

The President shall not be answerable to any court for the exercise and performance of the powers and duties of his office.

Subject to the provisions of this Constitution, the Supreme Court shall have power to review any judgment pronounced or order made by it.

No discussions shall take place in Parliament with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties except upon a motion for presenting an address to the President praying for the removal of the Judge.

No High Court shall have superintendence over any court or tribunal lower to it.

Answer is Right!

Answer is Wrong!

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UPSC CAPF – 2010

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Statement A is correct. Article 361(1) of the Indian Constitution provides immunity to the President from being answerable to any court for the exercise and performance of the powers and duties of his office.

The Constitution grants certain immunities to the President and Governors in their official capacity.

Statement A is a direct reflection of Article 361(1). Statement B is correct that the Supreme Court has review power (Article 137), but the phrasing “Subject to the provisions of this Constitution” is broad; Article 137 specifies “Subject to the provisions of any law made by Parliament or any rules made under article 145”. Statement C is also correct (Article 121 restricts parliamentary discussion of judges’ conduct except for removal motion). Statement D is incorrect; High Courts do have superintendence over subordinate courts and tribunals (Article 227). Comparing A and C, A is a fundamental immunity related to the head of state’s function, while C is a restriction on legislative discussion safeguarding judicial independence. In the context of a single correct answer, A represents a direct constitutional grant of immunity to the President.

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