Official UPSC Format

With reference to the Indian polity, consider the following statements:
I. The Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office.
II. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.
III. Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House.
Which of the statements given above are correct?

1. I. The Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of his/her office.

2. II. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.

3. III. Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House.

⚡ Quick Recall Snippet

The Indian Constitution grants specific legal immunities to ensure independent governance. Article 361 protects Governors from criminal proceedings and court inquiries regarding official duties, while Article 194 protects legislators' speech within the House.

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Detailed Solution & Authority Citations

Correct Answer is Option D
The Constitution of India enshrines strict legal protections to safeguard the dignity and independent functionality of high offices, explicitly articulated in Article 361 and Article 194.
  • Statement I is Correct: Under Article 361(1), the President or the Governor is not answerable to any court for the exercise and performance of the powers and duties of their office, ensuring the executive cannot be judicially micromanaged.

  • Statement II is Correct: Article 361(2) guarantees absolute personal immunity by stating that no criminal proceedings whatsoever shall be instituted or continued against the President or a Governor in any court during their term of office.

  • Statement III is Correct: Under Article 194(2), sweeping parliamentary privileges are granted to State Legislators. They are fully immune from any court proceedings regarding anything said or any vote cast inside the Legislature or any of its committees, securing absolute freedom of legislative speech.

    • 🚨 The Examiner's Trap

    Candidates might confuse the absolute criminal immunity of a sitting Governor with civil proceedings. While criminal proceedings are completely barred, civil proceedings can be instituted against a Governor in their personal capacity after giving two months' advance notice.

    Active Recall Flashcard

    Tap to Flip

    Which constitutional article protects the Governor from criminal proceedings during their term of office?

    Article 361(2).

    Concept Flow Mapping

    Article 361
    Protects
    Governor
    Governor
    Immune From
    Criminal Proceedings During Term
    Article 194
    Grants Immunity To
    State Legislators

    Logic Quest

    "Why are these immunities not considered a violation of 'Rule of Law'?"

    Not analyzing core concepts like Constitutional Immunities and Privileges through the lens of Previous Year Questions is a serious miss-out. This PYQ engine is specifically designed to help you decode the examiner's mindset and master highly probable Indian Polity questions for your upcoming Prelims.