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Consider the following statements. Under the Constitution
1.The Ministers have been granted immunity for their official acts.
2.The civil servants are conferred personal immunity from legal liability for official contracts signed in official capacity.
1 only
2 only
Both 1 and 2
None
Incorrect :The Constitution does not grant any immunity to the ministers for their official acts.
Correct :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. In other cases, the liability of the civil servants for torts or illegal acts is the same as of any ordinary citizen. 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.
By: Parvesh Mehta ProfileResourcesReport error
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