(Guest)

Persons above the law of india

it is said that nobody is above the law. it means that if anybody do any wrong, he/ she could be punisshed by law.

anybody is above the law means that if anybody do any wrong, he/ she could not be punisshed by law.

here are some entity in india that are above the law of the land.

1] prime minister

2] chief minister/ govornor of state

3] foreign diplomat

4] indian police service.

5] indian army [ martial law is law relating to war, and not relating to civil and criminal dispute]

6] CBI

7] judges of court

are these entities not committing any crime? are they not capable of committing any crime? why there is no provision for prosecution?

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3 Replies

Democratic Indian (n/a) 06 June 2012

Law is equally there for all citizens including these people but the problem is Article 311 based on doctrine of pleasure. Doctrine of pleasure was created by monarchs. Remove Article 311, and see the difference.

(Guest)

so why art. 311 is there in constitution? is govt. using police and army as a weapon against its own citizen?

Jasmine (Student) 14 June 2012

Yes sec 311 is there in constitution.

(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge; or

(b) where the authority empowered to dismiss or remove a person or to reduce him in rank ins satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or

(c) where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State, it is not expedient to hold such inquiry