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?
All three statements (I, II, and III) are correct. The correct option is (d) I, II and III (assuming this is an option, as it is the consistent answer in the search results to this common question).
Statement 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.
This is correct as per Article 361(1) of the Indian Constitution, which provides immunity to the Governor (and the President) from judicial scrutiny for actions taken in an official capacity. This ensures they can perform their duties without fear of constant legal challenges.
Statement II: No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.
This is correct as per Article 361(2). This provision grants complete immunity from any criminal proceedings, even for personal acts, against the Governor while they are in office, to uphold the dignity and smooth functioning of the office. Civil proceedings for personal acts can be initiated, but only after a two-month prior notice.
Statement III: Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House.
This is correct as per Article 194(2) of the Indian Constitution, which protects the freedom of speech and expression of the members within the legislature. This parliamentary privilege ensures that legislators can participate in debates and express their views without fear of external court action.