Previous Year Question
Statement 1 is correct.
Article 361 of the Constitution grants certain judicial protections to the President and the Governors of States during their terms of office.
Under Article 361(2), no criminal proceedings whatsoever can be instituted or continued against the President or the Governor of a State in any court during the term of office.
Other related protections are:
Under Article 361(3), no process for the arrest or imprisonment of the President or a Governor can be issued by any court during the term of office.
Under Article 361(1), the President or Governor is not answerable to any court for the exercise and performance of constitutional powers and duties.
This protection does not amount to permanent criminal immunity. Criminal proceedings may be initiated according to law after the person ceases to hold office.
Civil proceedings concerning an act done by a Governor in a personal capacity may be instituted during the term of office, but Article 361(4) requires a written notice of at least two months before such proceedings can be instituted.
Statement 2 is correct.
Under Article 158(4), the emoluments and allowances of a Governor cannot be diminished during the term of office.
Other facts related to Article 158 are:
The Governor is entitled to the use of an official residence without payment of rent.
The emoluments, allowances and privileges of a Governor are determined by Parliament by law.
Until Parliament makes such a law, the provisions specified in the Second Schedule apply.
When the same person is appointed Governor of two or more States, the allocation of emoluments and allowances among those States is determined by the President.
A Governor cannot be a member of Parliament or a State Legislature and cannot hold any other office of profit.
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: C
Detailed Solution
Statement 1 is correct.
Article 361 of the Constitution grants certain judicial protections to the President and the Governors of States during their terms of office.
Under Article 361(2), no criminal proceedings whatsoever can be instituted or continued against the President or the Governor of a State in any court during the term of office.
Other related protections are:
Under Article 361(3), no process for the arrest or imprisonment of the President or a Governor can be issued by any court during the term of office.
Under Article 361(1), the President or Governor is not answerable to any court for the exercise and performance of constitutional powers and duties.
This protection does not amount to permanent criminal immunity. Criminal proceedings may be initiated according to law after the person ceases to hold office.
Civil proceedings concerning an act done by a Governor in a personal capacity may be instituted during the term of office, but Article 361(4) requires a written notice of at least two months before such proceedings can be instituted.
Statement 2 is correct.
Under Article 158(4), the emoluments and allowances of a Governor cannot be diminished during the term of office.
Other facts related to Article 158 are:
The Governor is entitled to the use of an official residence without payment of rent.
The emoluments, allowances and privileges of a Governor are determined by Parliament by law.
Until Parliament makes such a law, the provisions specified in the Second Schedule apply.
When the same person is appointed Governor of two or more States, the allocation of emoluments and allowances among those States is determined by the President.
A Governor cannot be a member of Parliament or a State Legislature and cannot hold any other office of profit.