Previous Year Question
With reference to the Indian polity, consider the following statements:
I. 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.
II. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.
III. 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?
I and II only
II and III only
I and III only
I, II and III
Correct Answer: D
Detailed Solution
Statement I is correct
Under Article 361(1), the President or a Governor is not answerable to any court for the exercise and performance of the powers and duties of office or for any act done or purported to be done in their exercise and performance.
This immunity does not mean that governmental action taken in the Governor’s name is completely beyond judicial review.
A court cannot compel the Governor personally to answer for the exercise of official powers.
The constitutional validity of governmental action taken in the Governor’s name may be judicially reviewed.
Appropriate proceedings may be brought against the State Government.
Article 361 does not confer absolute judicial immunity upon governmental action.
Statement II is correct
Under Article 361(2), during the term of office of the President or a Governor, criminal proceedings cannot—
Be instituted; or
Be continued if already pending.
Article 361(3) additionally prohibits the issue of any judicial process for arrest or imprisonment during the term of office.
This immunity operates during the tenure. It does not permanently extinguish any alleged personal criminal liability.
For civil proceedings concerning personal acts, Article 361(4) requires compliance with the prescribed conditions, including two months’ prior notice.
Statement III is correct
Under Article 194(2), no member of a State Legislature is liable to proceedings in any court in respect of—
Anything said in the Legislature; or
Any vote given in the Legislature or one of its Committees.
Protection also covers the authorised publication of reports, papers, votes or proceedings of the Legislature.
This privilege is limited to legislative functions. It does not automatically protect repetition of the same statement outside the House or personal conduct unrelated to legislative proceedings.
Related Articles
Article 105(2) provides a similar privilege to Members of Parliament.
Article 194(2) protects members of State Legislatures.
Article 361 provides office-related judicial immunity to the President and Governors.