Correct option is D
Statement I is incorrect because the President of India, like all other citizens, is subject to the Constitution. However, Statement II is correct because the President enjoys certain privileges under the Constitution, including immunity from criminal proceedings during their term of office. This does not mean that the principle of equality before the law is not applicable, but rather that there are specific constitutional provisions that grant temporary protections.
Explanation:
· The President of India enjoys certain privileges, such as immunity from legal proceedings during their term for any act done in the exercise of their official duties.
· Under Article 361 of the Indian Constitution, the President cannot be held personally answerable in any court for the exercise and performance of the powers and duties of the office.
· While the President is not above the law, there are constitutional protections in place to safeguard the dignity and continuity of the highest office in the country.
· These privileges are necessary to allow the President to function without legal distractions.
Information Booster:
1. Article 14 of the Constitution provides for equality before the law and equal protection of the law for all citizens.
2. Article 361 grants immunity to the President and Governor from criminal proceedings during their term.
3. The President can, however, be impeached by Parliament for violation of the Constitution (Article 61).
4. The Vice-President or Chief Justice of India may act as the President if the office becomes vacant.
5. Presidential immunity does not extend after the end of their term.
6. Civil proceedings against the President can be initiated, but only with two months' notice.