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?
Detailed Explanation:
✅ Statement I is Correct: Under Article 361(1), the Governor is not answerable to any court for the exercise and performance of the powers and duties of the office.
✅ Statement II is Correct: As per Article 361(2), no criminal proceedings can be instituted or continued against a Governor during the term of office.
✅ Statement III is Correct: Under Article 194(2), Members of a State Legislature enjoy freedom of speech in the House and cannot be taken to court for anything said or any vote given in the Legislature.
Therefore, all three statements are correct.
📝 Short Notes: Constitutional Immunities & Privileges
| Provision | Details |
|---|---|
| Article 361(1) | President/Governor not answerable to courts for official acts |
| Article 361(2) | No criminal proceedings during tenure |
| Article 361(3) | No arrest or imprisonment during tenure |
| Article 194(2) | Freedom of speech and voting immunity for State Legislators |
| Article 105(2) | Similar privilege for Members of Parliament |
Key Fact:
The immunity under Article 361 is temporary. Criminal proceedings can be initiated after the Governor demits office.
Question 1 of 5 Governor
Practice PYQ questions from this topic across all years
First question in this topic
Consider the following statements: I. The Constitution of India explicitly mentions...