With reference to the Indian polity, consider the following statements:The Governor of a State is no

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Question

With reference to the Indian polity, consider the following statements: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.No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.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?

Accepted Answer

Correct Answer: D — I, II and IIIStep-by-step Solution:Statement I — Governor not answerable to courts for exercise of powers: This is correct. Article 361(1) provides that the President and Governors shall not be answerable to any court for the exercise and performance of the powers and duties of their office, or for any act done or purported to be done by them in the exercise and performance of those powers and duties. This is constitutional immunity for Governors during their term. ✓Statement II — No criminal proceedings against Governor during term: This is correct. Article 361(2) provides that no criminal proceedings shall be instituted or continued against the President, or the Governor of a State, in any court during his/her term of office. This is similar to the Presidential immunity in the USA and UK. ✓Statement III — State Legislature members not liable for anything said in House: This is correct. Article 194(2) provides that no Member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him/her in the Legislature or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of the House of any report, paper, votes or proceedings. This is legislative privilege — protects free speech in the legislature. ✓Why other options are incorrect:Option A (I and II only): Incorrect. Statement III is also correct — legislative privilege protects members' speech in the House.Option B (II and III only): Incorrect. Statement I is also correct — Article 361(1) provides immunity to Governor.Option C (I and III only): Incorrect. Statement II is also correct — Article 361(2) bars criminal proceedings against Governor during tenure.Key Concept: Constitutional Immunities: President/Governor immunity (Article 361): (1) Not answerable to courts for official acts; (2) No criminal proceedings during term; (3) No civil proceedings during term for personal acts without 2 months' notice; (4) Courts cannot issue injunctions against President/Governor for official acts. Legislative Privileges (Parliament — Article 105; State Legislatures — Article 194): Freedom of speech in House (cannot be questioned in court); Immunity for publication of House proceedings; Power to punish for contempt of House; Other privileges as existed before Constitution. Note: Legislative privileges apply to individual members for speech/votes inside the House. They do NOT protect members from criminal charges for actions outside the House. Raja Ram Pal case (2007): SC clarified that judicial review of legislative privileges is possible in extreme cases.

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