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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. 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:
  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Explanation

Statement 1 is correct
  • Immunity to the office of the Governor: He enjoys personal immunity from legal liability for acts performed in the exercise of his official duties.
    • During his term of office, no criminal proceedings can be initiated against him, even for personal acts.
    • He cannot be arrested or imprisoned during his tenure.
    • However, civil proceedings may be instituted against him during his term of office for personal acts, after giving two months’ prior notice
Statement 2 is correct
  • Under Article 158, the salary and allowances of the Governor are determined by law and cannot be reduced during the term of office. This ensures the Governor’s financial independence and safeguards the office from undue influence.

Infographic explaining the role, appointment, tenure, and qualifications of a Governor in India. It highlights that the Governor is a nominated constitutional authority appointed by the President under Article 154, serves a five-year term at the President’s pleasure, must be an Indian citizen at least 35 years old, and includes recommendations from Sarkaria, Venkatachaliah, and Punchhi Commissions.

Answer: (c) Both 1 and 2; Difficulty Level: Easy
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