B.R. Kapoor vs State Of Tamil Nadu And Anr on 21 September, 2001
Author
being answerable to any Court in view of
immunity granted by Article 361(1) of the Constitution,
we accepted the submission of the Government ... Government supporting
the proclamation under Article 356(1)
shall have to meet the challenge. The
immunity granted under Article 361 does
not mean that
being answerable to any Court in view of
immunity granted by Article 361(1) of the Constitution,
we accepted the submission of the Government ... Government supporting
the proclamation under Article 356(1)
shall have to meet the challenge. The
immunity granted under Article 361 does
not mean that
behalf of the
respondents was the immunity of the Governor under Article
361 of the constitution. The genesis of the said arguments is
that ... stated that the immunity provided to the Governor
under Article 361 is certainly not extended to an appointee by
the Governor. In the present proceedings
President had
acted and passed that order. Moreover, as required by
Article 77 (1) , all executive actions of the Govt. of India
have ... name of
the President. The immunity available to the President
under Article 361 of the Constitution cannot be extended to
the orders passed
vested in the Governor under Article
154 [1] of the Constitution. The expression 'State' occurs
in Article 154 [1] to bring ... First, Article 300 states, among other things,
that the Governor may sue or be sued in the name of the
State. Second, Article 361 states
K. Veeraswami vs Union Of India And Others on 25 July, 1991
Equivalent citations: 1991
merits.]
(i) The interpretation of Article 123 is to be made first,
on the language of the Article and, secondly, the context in
which that ... life of the Ordinance may be further shortened. The
President, under Article 361(1) , is not answerable to any
Court for acts done
sued in the name of the State.
Second, Article 361 states that proceedings may be brought
against the Government of India and the Government ... State but not against the President or the Governor.
Articles 300 and 361 indicate that neither the President nor
the Governor can be sued
criminal
proceedings or punishment thereunder by virtue of the Constitution
(See Article 361(2) of the Constitution) or any statutory provisions
or some well-recognised