Q89. 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 Solution
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. This is correct, as per Article 361(1) of the Constitution, which grants personal immunity to the President and Governors for official acts.
II. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office. This is correct, as per Article 361(2), which provides absolute immunity from criminal proceedings to the President and Governors while in office.
III. Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House. This is correct, as per Article 194(2), which grants freedom of speech in the Legislature and immunity from judicial proceedings for anything said or any vote given therein.
Therefore, all three statements are correct. Understanding the immunities and privileges of constitutional functionaries and legislators is a key aspect of UPSC Polity & Governance.
Current Affairs Link
In July 2024, the Supreme Court agreed to examine the scope of Article 361 of the Constitution, which grants Governors immunity from criminal prosecution. The move came in response to a plea by a contractual woman employee accusing West Bengal Governor C.V. Ananda Bose of molestation. The case has raised critical questions about the extent and limitations of constitutional immunity, making Article 361 a key area of interest for UPSC. Also Article 194 was in news -A seven-Judge Bench of Supreme Court unanimously held that a lawmaker does not enjoy immunity under Articles 105(2) and 194(2) of the Constitution against bribery.
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