With reference to the Indian polity, consider the following statements:

1. 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.
2. No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.
3. Members of a State Legislature are not liable to any court proceedings in any court in respect of anything said or any vote given by them in the House.

Which of the statements given above are correct?

1. I and II only
2. I and III only
3. II and III only
4. I, II and III

Explanation

Statements I and II are correct

• Under Article 361 of the Constitution, the President of India and the Governors of States enjoy the following immunities:
  • They cannot be held accountable in any court for actions taken while performing their official duties and powers.
  • Criminal proceedings cannot be initiated or continued against them during their tenure.
  • No court can issue orders for their arrest or imprisonment while they are in office.
  • Civil proceedings for acts done in a personal capacity—before or after assuming office—cannot be initiated during their term unless a two-month prior notice is served.

Statement III is correct

• According to Article 105, no Member of Parliament can be held liable in any court for anything said or any vote cast by them in Parliament or its committees. Similarly, under Article 194, no member of a State Legislature can be prosecuted in any court for anything said or any vote given in the Legislature or its committees

Answer: (d) I, II and III; Difficulty Level: Easy