Q. 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?

  • 1 only
  • 2 only
  • Both 1 and 2
  • Neither 1 nor 2

Answer: (c) Both 1 and 2

Notes:
  • According to Article 361:
    • No criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office.
    • No process for the arrest or imprisonment of the President, or the Governor of a State, shall issue from any court during his term of office.
  • According to Article 158:
    • The Governor shall not be a member of either House of Parliament or of a House of the Legislature of any State specified in the First Schedule, and if a member of either House of Parliament or of a House of the Legislature of any such State is appointed Governor, he shall be deemed to have vacated his seat in that House on the date on which he enters upon his office as Governor.
    • The Governor shall not hold any other office of profit.
    • The Governor shall be entitled without payment of rent to the use of his official residences and shall be also entitled to such emoluments, allowances and privileges as may be determined by Parliament by law and, until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the Second Schedule. 
    • The emoluments and allowances of the Governor shall not be diminished during his term of office.