Can we sue Public Officials like President?
Q. Which of the following is/are true regarding suing public officials?
1) No criminal or civil proceedings can be started against the President and the Governors in respect of their personal acts nor can they be arrested or imprisoned.
2) The constitution grants immunity to the President, Governors and Ministers for their official acts.- Published on 16 Mar 17a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Neither 1 nor 2
Immunity to President and Governors -
- 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.
- However, civil proceedings can be started against them during their term of office in respect of their personal acts after giving two months’ advance notice.
Immunity to Ministers -
- The constitution does not grant any immunity to the ministers for their official acts.
- But, since they are not required to countersign (as in Britain) the official acts of the President and the Governors, they are not liable in the courts for those acts.
- Moreover, they are not liable for the official acts done by the President and the Governors on their advice as the courts are debarred from inquiring into such advice.
- However, the ministers do not enjoy any immunity for their personal acts, and can be sued for crimes as well as torts in the ordinary courts like common citizens.
Immunity to Judicial Officers -
- The judicial officers enjoy immunity from any liability in respect of their official acts and hence, cannot be sued.
Immunity to Civil Servants -
- Under the constitution, the civil servants are conferred personal immunity from legal liability for official contracts.
- This means that 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.
- Further, the civil servants also enjoy immunity from legal liability for their tortious acts in respect of the sovereign functions of the government.
- Civil proceedings can be instituted against them for anything done in their official capacity after giving a two months’ advance notice.
- But, no such notice is required when the action is to be brought against them for the acts done outside the scope of their official duties.
- Criminal proceedings can be instituted against them for acts done in their official capacity, with the prior permission of the President or the Governor, where necessary.
