Q. 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?

• 1 and 2 only
• 2 and 3 only
• 1 and 3 only
• 1, 2 and 3

Answer: (d) 1, 2 and 3

Notes:

• ✅ Article 361 – Protection of President and Governors
  • Article 361(1):
    • The President and Governor are not answerable to any court for the exercise of their powers and duties.
  • Article 361(2):
    • No criminal proceedings shall be instituted or continued against the President or Governor during their term.
  • Article 361(3):
    • No process for arrest or imprisonment can be issued against them during term.
  • Civil proceedings can be initiated only after giving two months’ notice (Article 361(4)).
• ✅ Article 194 – Powers and Privileges of State Legislature Members
  • Article 194(2):
    • Members are protected from judicial scrutiny for:
      • Anything said in the House
      • Any vote given in the House or its committees
    • Ensures freedom of speech and debate in legislature.
  • Similar protection exists for Parliament under Article 105(2).
• ✅ Governor – Immunities and Legal Protection
  • Governor enjoys same legal immunities as President for official functions.
  • Cannot be prosecuted or questioned for actions taken while in office.
  • Impeachment or judicial accountability does not apply to Governor—he/she holds office at the pleasure of the President (Article 156).