UPSC 2018PolityModerate

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 ?

A
1 only
B
2 only
C
Both 1 and 2
Correct Answer
D
Neither 1 nor 2

Explanation

Both statements are correct as Article 361 provides the Governor absolute immunity from criminal proceedings during their term, while Article 158(4) ensures their emoluments and allowances cannot be diminished. Option (a) is a common pitfall for candidates who confuse criminal immunity with civil immunity, as civil proceedings can actually be instituted against a Governor during their term after giving a two-month notice. The core concept tested is the constitutional privileges and safeguards designed to maintain the independence and dignity of the Governor’s office.

State ExecutiveGovernor's Privileges and ImmunitiesArticle 361GovernorCriminal ProceedingsArticle 158Emoluments and AllowancesImmunity

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