Question 18 from UPSC CSE 2025 - Polity & Governanc e

Question

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?

IASCODEX · Accepted Answer

Correct Option: D. 1, 2, and 3

Strategy: Identify constitutional protections using key legislative terms: Governors' immunity is directly covered in Article 361, ensuring non-answerability to courts for official acts and a bar on criminal proceedings during tenure (Statements 1 and 2). For State Legislators, explicit constitutional privilege (Article 194) guarantees immunity in respect of anything said within the House (Statement 3). Recognizing these constitutional articles enables confirmation that all three statements are correct.

Key Info: Article 361 of the Constitution of India grants the President and Governors personal immunity for official acts: (1) No court shall inquire into the exercise of their powers and duties, and (2) No criminal proceedings shall be instituted or continued against them while in office. This legal shield upholds the dignity and independence of constitutional heads, though administrative decisions made on their advice are subject to judicial review. Article 194 confers members of State Legislatures with freedom of speech and protection from legal proceedings in courts regarding anything said or any vote given within legislative proceedings. This safeguard ensures the autonomy and effective functioning of legislative forums by providing immunity from outside interference or intimidation. Notably, these immunities are intended to preserve the integrity of constitutional institutions and are subject to reasonable limitations and procedures outlined within the Constitution. The corresponding provisions for Parliament are found under Article 105.

IASCODEX · Answer

Option A: 1 and 2 only

IASCODEX · Answer

Option B: 2 and 3 only

IASCODEX · Answer

Option C: 1 and 3 only