Immunity enjoyed by the President of India under Article 361 of the Constijution and even as a Visijor of the Central Universijies

Information Type: Legislative Information
Subject: Educational Law
Statutes / Acts: Central Universities Act, 2009
File No: 20-23/2014-Desk-CU-VI
Circular Date: 2014-02-24
Ministry: Ministry of Human Resource Development
Department: High Education
Circular State: Central
Case Note / Description :

Subject: Immunity enjoyed by the President of India under Article 361 of the Constitution and even as a Visitor of the Central Universities. It has come to the notice of this Ministry that some of employees of the University both in the teaching and non-teaching faculties have been filing WP in the High Courts or other Courts impeding the Visitor (President of India) as one of the respondents. 2. In this connection ij is pointed out that the Allahabad High Court, in a Civil Miscellaneous Contempt petition No.221 of 2000 delivered a judgment that the immunity enjoyed by a President of India under Article 361 (1) of the Constitution remains available to the President even in respect of functions and duties discharged as the Visitor of the University. It was further held that "no court can compel President to exercise any power or to perform any duty nor is he amenable to the writ or direction issued by any court''. A copy of the judgment is enclosed. 3. Registrars of the Central Universities and other officials dealing with court cases must ensure that this is brought to the notice of the Registrars of the Hon'ble High Courts and also apprise their Lawyers that whenever the Visitor is impeded in any court case, the order of the Allahabad High Court must be quoted invariably about the immunity enjoyed by the President of India as Visitor. Necessary action may be taken accordingly

 
 
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