Question

Judicial immunity is granted to judges for

• A. political activities
• B. personal business transactions
• C. election campaigning
• D. the actions done in judicial capacity

Hint:

Judicial immunity is governed by the Judicial Officers Protection Act, 1850 in India.
It is absolute only for acts done in the discharge of judicial functions, ensuring the independence of the judiciary.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks to identify the scope and limits of the legal immunity granted to judges.
We need to determine whether this immunity covers personal, political, or professional actions.


Step 2: Detailed Explanation:

• In India, judicial immunity is statutory and is governed primarily by the Judicial Officers Protection Act, 1850.

• Section 1 of the Act states that no judge, magistrate, or other person acting judicially shall be liable to be sued in any civil court for any act done or ordered to be done by them in the discharge of their judicial duty.

• This immunity applies even if the judge exceeded their jurisdiction, provided they believed in good faith that they had the jurisdiction to act.

• This protection is strictly confined to actions performed in their official, judicial capacity.

• Judges enjoy no special immunity for their private affairs, personal business transactions, political activities, or participation in election campaigns.

• Therefore, Options (A), (B), and (C) are incorrect as they lie outside the official judicial role of a judge.

• Option (D) correctly identifies the scope of judicial immunity as being restricted to actions done in a judicial capacity.



Step 3: Final Answer:
Judicial immunity is granted to judges for the actions done in judicial capacity, which is Option (D).