Question 94 from UPSC CSE 2018 - Polity

Question

Consider the following statements:
1. No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
2. The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.
Which of the statements given above is/are correct?

IASCODEX · Accepted Answer

Correct Option: C. Both 1 and 2

Strategy: Identify the constitutional parallels regarding privileges between the President and Governor. Statement 1 addresses absolute immunity from criminal proceedings during office. Statement 2 concerns financial security, ensuring remuneration and allowances remain undiminished. Both statements correctly reflect explicit constitutional provisions.

Key Info: The Constitution of India accords significant safeguards to the Governor of a State:

*   **Article 361:** Grants immunity from criminal proceedings to the Governor (and President) during their term. This covers all criminal actions, even personal ones. Civil proceedings require specific conditions, including two months' notice, and must concern personal acts.
*   **Article 158(3):** Stipulates that the Governor's emoluments and allowances cannot be diminished during their term. This protects financial independence and ensures the dignity of the office. Parliament determines these, as specified in the Second Schedule.
*   These privileges ensure the Governor's functional autonomy and impartiality as a constitutional head. Similar provisions apply to the President.
*   The Governor is appointed by the President under Article 155 and serves at the President's pleasure (Article 156), underscoring the necessity of safeguards against legal and financial insecurity.

IASCODEX · Answer

Option A: 1 only

IASCODEX · Answer

Option B: 2 only

IASCODEX · Answer

Option D: Neither 1 nor 2