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 ✓ UPSC's answer
- (d) Neither 1 nor 2
Why the answer is (c)
• Statement 1 is correct: Article 361(2) bars criminal proceedings against the President or a Governor in any court during the term of office (civil suits need two months' notice).
• Statement 2 is correct: Article 158(4) provides that a Governor's emoluments and allowances shall not be diminished during the term of office.
• These immunities protect the dignity and independence of the office.
• Hence both 1 and 2, option (c).
Why the other options are wrong
- (a) 1 only
- Statement 2 is also correct under Article 158(4).
- (b) 2 only
- Statement 1 is also correct under Article 361(2).
- (d) Neither 1 nor 2
- Both statements are correct.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2018, held on 3 June 2018. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.