(a)
any provision of this Constitution or any law relating to election
of a President has been complied with; or
(b)
any person has been validly elected as President under Article
34;
shall be referred to and determined by the full bench of the
Supreme Court.
42. (1) The President shall receive such salary and allowances as may Salary and
be prescribed by an Act of Parliament; and they shall be a charge on the allowances of
President
general revenues of the Republic.
(2) The salary and allowances of the President shall not be altered to his
disadvantage during his term of office.
(3) A person who has held the office of President shall receive such
pension and such gratuity as may be prescribed by an Act of Parliament,
and that pension and gratuity shall be a charge on the general revenues
of the Republic.
43. (1) Civil proceedings shall not be instituted or continued against the
person holding the office of President or performing the functions of
that office in respect of which relief is claimed against him in respect of
anything done or omitted to be done in his private capacity.
(2) A person holding the office of President or performing the functions
of that office shall not be charged with any criminal offence or be
amenable to the criminal jurisdiction of any court in respect of any act
done or omitted to be done during his tenure of that office or, as the case
may be, during his performance of the functions of that office.
(3) A person who has held, but no longer holds, the office of President
shall not be charged with a criminal offence or be amenable to the
criminal jurisdiction of any court, in respect of any act done or omitted
to be done by him in his personal capacity while he held office of
President, unless the National Assembly has, by resolution, determined
that such proceedings would not be contrary to the interests of the State.
(4) Where provision is made by law limiting the time within which
proceedings of any description may be brought against any person, the
term of any person in the office of President shall not be taken into
account in calculating any period of time prescribed by that law which
determines whether any such proceedings as are mentioned in clause (1)
and (3) may be brought against the person.
Protection of
President in respect
of legal
proceedings