Indian Polity : Governor

Q 2 / 5

UPSC CSE Prelims 2025

With reference to the Indian polity, consider the following statements :
  1. 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. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.
  3. 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?

EXPLANATION

Correct Option (D)

I, II and III

Statement 1: Article 361(1) of the Constitution of India provides that the Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of their office, or for any act done or purporting to be done by them in the exercise and performance of those powers and duties. This grants personal immunity to the Governor for official acts.

Statement 2: Article 361(2) stipulates that no criminal proceedings whatsoever shall be instituted or continued against the Governor of a State in any court during their term of office. This provision safeguards the dignity and independence of the constitutional post.

Statement 3: Article 194(2) grants members of a State Legislature immunity from any proceedings in any court in respect of anything said or any vote given by them in the Legislature or any committee thereof. This parliamentary privilege ensures freedom of speech and debate within the legislative body.

Since all three statements accurately reflect constitutional provisions, option 4 is the correct answer.

Incorrect Options

Options 1, 2, and 3 are incorrect because all three statements provided are factually correct as per the Constitution of India. These options incorrectly suggest that one or more of the statements are false.

SOURCEIndian Polity by M. Laxmikanth, Chapter 30: Governor, Indian Polity by M. Laxmikanth, Chapter 32: State Legislature