UPSC Prelims 2018 Q41: Indian Polity – Union & State Executive
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (c) Both 1 and 2
Explanation
Governor of a State - Immunities and Emoluments
| Statement | Claim | Verdict | Detail |
|---|---|---|---|
| 1 | No criminal proceedings shall be instituted against the Governor during term | TRUE | Article 361(2) of the Constitution - no criminal proceedings whatsoever shall be instituted or continued against the President or the Governor of a State in any court during his/her term of office. |
| 2 | Governor's emoluments and allowances shall NOT be diminished during term | TRUE | Article 158(4) - the emoluments and allowances of the Governor shall not be diminished during his/her term of office. This is analogous to the protection given to judges of higher judiciary. |
Answer: (c) Both 1 and 2.
Why each option is right or wrong
- (a) Incorrect. Statement 2 is also constitutionally guaranteed under Article 158(4).
- (b) Incorrect. Statement 1 is also constitutionally guaranteed under Article 361(2).
- (c) CORRECT. Both immunities are provided by the Constitution - criminal immunity (Art. 361) and non-diminishing emoluments (Art. 158).
- (d) Incorrect. Both statements are established constitutional protections.
Key point
Governor's protections: Art. 361 = personal immunity (no criminal proceedings, no civil arrest during term; civil suits allowed with 2 months' notice). Art. 158(4) = emoluments/allowances not diminished during term.
Remember
The Governor of a State enjoys constitutional immunity from criminal proceedings during term (Article 361(2)) - identical to the protection given to the President. Emoluments and allowances of the Governor cannot be diminished during term (Article 158(4)), though they may be increased. Both immunities are absolute constitutional protections.
Common mistakes
- Assuming Governor lacks immunities - the Constitution grants strong personal protections identical to those of the President.
- Confusing 'diminished' (not allowed) with 'increased' (Parliament/Legislature can increase but not reduce).
- Missing that civil proceedings can still be initiated after 2 months' notice - the immunity is complete only for criminal.
Exam tip
Article 361 for President/Governor: Not answerable to courts for official acts. No criminal proceedings during term. No arrest. Civil proceedings only after 2 months' notice.
Sources
- Constitution of India - Articles 158, 361
- M. Laxmikanth - Indian Polity (Chapter on Governor)