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?
A
I and II only
B
II and III only
C
I and III only
D
I, II and III
Correct Answer
Explanation
Option (D) is correct because Articles 361 and 194 provide specific legal immunities: Article 361 protects the Governor from court accountability for official acts and criminal proceedings during their term, while Article 194(2) grants absolute privilege to State Legislature members for their speech within the House. Option (A) is a common trap for those who overlook legislative privileges or confuse the Governor’s absolute criminal immunity with their limited civil immunity, which requires a two-month prior notice. The core concept tested is Constitutional Immunities and Privileges, designed to ensure the independent functioning of the executive and legislative branches.
State Executive and LegislatureConstitutional Privileges and ImmunitiesGovernorState LegislatureArticle 361Article 194Legal Immunity