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 ✓ UPSC's answer
Why the answer is (d)
• Article 361(1) provides that the President and the Governors are not answerable to any court for the exercise and performance of the powers and duties of their office — statement I is correct.
• Article 361(2) bars the institution or continuation of any criminal proceedings against the President or a Governor during the term of office — statement II is correct.
• Article 194(2) gives members of a State Legislature immunity from court proceedings for anything said or any vote given in the House or its committees, mirroring Article 105 for Parliament — statement III is correct.
• These immunities protect the functioning of constitutional offices, though the conduct of Governors can still be examined in constitutional litigation.
• Hence I, II and III, option (d).
Why the other options are wrong
- (a) I and II only
- Statement III on legislators' immunity under Article 194 is also correct.
- (b) II and III only
- Statement I on the Governor's non-answerability is also correct.
- (c) I and III only
- Statement II on immunity from criminal proceedings is also correct.
Asked in the GS Paper I of the UPSC Civil Services Preliminary Examination 2025, held on 25 May 2025. Question and answer key: Union Public Service Commission. Explanation: UPSC Answer Check.