Does India’s Prime Minister Have Legal Immunity? The Truth Behind the Viral Claim
A recent viral video has sparked debate, claiming that India's Prime Minister enjoys immunity from civil and criminal proceedings during their term. However, this claim is misleading and not supported by the Constitution.
The Constitution of India, under Article 361, grants immunity from legal proceedings only to the President and Governors, not the Prime Minister. This was further clarified by the Supreme Court in the 1975 case of 'Keshavananda Bharati v. State of Kerala'.
In 1975, an attempt was made to grant immunity to the Prime Minister and Speaker through the 39th Constitutional Amendment. However, this amendment was later declared unconstitutional. It was eventually repealed by the 44th Constitutional Amendment in 1979.
Contrary to the viral video's claim, the Prime Minister of India does not have special immunity from civil or criminal proceedings while in office. The Constitution is clear on this matter, and the Supreme Court has upheld this interpretation.
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