Executive and Sovereign Immunity for Heads of States

Abstract

Over the course of the past few decades, creative government lawyers asserted a variety of privileges and immunities to shield highest executive officials, especially head of the state, from both criminal and civil proceedings. Underlying principle is that King can do no wrong. Critics are of the view that the concept of immunity places executive above the law and is an open invitation to secrecy, corruption, and abuse of power. This article shall go through some aspects of the topic from legal perspectives taken in the USA, India, and UK. This jurisdictional study outlines conditions in which presidents or prime ministers cannot escape litigation and circumstances in which a president/prime minister should be excused absolutely from litigation. The paper concludes that immunity cannot be invoked if alleged act is not official act, but done in private capacity, or is breach of criminal laws of the state; or it is a past act done by present head of state in the past in a different capacity, or is a crime against humanity and comes under international law.