Official Question UPSC 2025
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?
Solution & Analysis
Answer: 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.