UPSC Prelims 2025Question 59Polity

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?

Options

(a)I and II only
(b)II and III only
(c)I and III only
(d)I, II and III

Correct answer: d

Decision rule

Article 361 shields the President and Governors personally; Articles 105 and 194 shield members only for what is said or voted inside the House.

Explanation

Correct Answer:

(d) I, II and III

Explanation of the Correct Answer:

All three statements are derived directly from constitutional provisions and established legal conventions regarding the privileges and immunities of constitutional functionaries in India.

Statement-wise Analysis:

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.

Correct
This is explicitly stated in Article 361(1) of the Constitution.
It ensures legal immunity to the Governor while performing official functions. This provision protects the dignity and independence of the office.

II. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.

Correct
Under Article 361(2), no criminal proceedings shall be instituted or continued against the Governor during the term of office, and no arrest or imprisonment can occur.
However, civil proceedings can be initiated under certain conditions with prior notice.

III. Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House.

Correct
This is covered under Article 194(2) of the Constitution.
It grants parliamentary privileges similar to those available to MPs under Article 105. Members enjoy complete immunity for speeches or votes inside the legislative assembly.

Why Other Options Are Incorrect:

(a) I and II only – Incorrect: Omits the correct Statement III.
(b) II and III only – Incorrect: Omits the correct Statement I.
(c) I and III only – Incorrect: Omits the correct Statement II.
(d) I, II and III – Correct: All statements are constitutionally valid.

Relevant Supplementary Information

Table: Constitutional Protections and Immunities

Provision / Article	Protected Individual	Type of Immunity	Scope
Article 361(1)	Governor & President	Not answerable to any court for official acts	Absolute during the term of office
Article 361(2)	Governor & President	Immunity from criminal proceedings and arrest	During the term; civil proceedings need prior notice
Article 194(2)	State Legislature Members	Immunity for anything said/voted in the legislature	Applicable inside legislative sessions only
Article 105(2)	Parliament Members	Equivalent to Article 194 for MPs	Ensures free debate and speech in Parliament

Related Concepts:

Sovereign Immunity: Extends to constitutional heads like the President and Governors to safeguard the dignity and independence of the office.
Legislative Privilege: Ensures free and fair debates in the legislature without fear of legal consequences.

Current Relevance:

These immunities are often debated during constitutional crises, impeachment discussions, or misuse of gubernatorial powers.
Important in the context of free speech vs hate speech debates in legislative assemblies.

Table: Immunities of the Governor and Members of State Legislature in Indian Polity

Concept	Article / Provision	Applies To	Nature of Immunity / Protection	Scope / Remarks
Governor not answerable to any court	Article 361(1)	Governor (also President)	Not answerable to any court for actions taken in exercise of official powers	Ensures dignity and independence of the constitutional office
No criminal proceedings against Governor	Article 361(2)	Governor (also President)	No criminal proceedings can be initiated or continued; no arrest or imprisonment	Civil suits allowed with two months’ prior notice
Legislative speech immunity	Article 194(2)	MLAs (State Legislators)	No legal action for anything said or any vote given in the State Legislature	Ensures freedom of speech in the House; applies only inside the House
Parliamentary privilege (for MPs)	Article 105(2)	Members of Parliament	Equivalent to Article 194(2) but for Parliament	Protects MPs from legal consequences for speeches or votes in Parliament
Civil liability exception (Governor)	Article 361(4)	Governor	Civil proceedings for personal acts permitted with prior notice	Civil immunity not absolute, but regulated
Freedom of Speech in Legislature	Article 194(1)	State Legislators	Freedom of speech in State Legislature subject to rules and procedures of the House	Not absolute; regulated by Speaker and House rules

Quick Glossary

Term	Meaning
Sovereign Immunity	A legal doctrine shielding constitutional functionaries from court action
Legislative Privilege	Legal immunity granted to members of legislatures to speak freely
Official Capacity Acts	Acts done in execution of official duty by constitutional officers

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