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UPSC Prelims 2025 Q59: Indian Polity – Union & State Executive

UPSC Prelims 2025, General Studies Paper I · Indian Polity

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?
  1. (a) I and II only
  2. (b) II and III only
  3. (c) I and III only
  4. (d) I, II and III

Answer: (d) I, II and III

Explanation

Statement-by-Statement Breakdown:

StatementClaimVerdictConstitutional Basis
Statement IGovernor is NOT answerable to any court for exercise of powersTRUEArticle 361(1): "The Governor shall not be answerable to any court for the exercise and performance of the powers and duties of his office." Complete immunity from court accountability.
Statement IINo criminal proceedings against Governor during term of officeTRUEArticle 361(2): "No criminal proceedings whatsoever shall be instituted or continued against the Governor in any court during his term of office." Complete criminal immunity during term.
Statement IIIMembers of State Legislature are not liable for anything said within the HouseTRUEArticle 194(2): "No member of the Legislature of a State shall be liable to any proceedings in any court in respect of anything said or any vote given by him in the Legislature." Legislative privilege applies.

All three are correct → Answer: I, II and III

Constitutional Immunities — Quick Summary:

PersonImmunity UnderScope
PresidentArt. 361(1)No court accountability for official acts; no criminal proceedings during term
GovernorArt. 361(1) & (2)Same as President - no court accountability, no criminal proceedings
MPsArt. 105(2)No court liability for speech or vote in Parliament
MLAs/MLCsArt. 194(2)No court liability for speech or vote in State Legislature

Answer: (d) I, II and III.

Why each option is right or wrong

Key point

Art. 361 = Governor immune from courts + criminal proceedings during term. Art. 194(2) = MLAs cannot be sued for speech inside the Legislature.

Remember

Governor: no court accountability (Art. 361(1)) + no criminal proceedings during term (Art. 361(2)). MLAs: no court liability for speech inside Legislature (Art. 194(2)).

Common mistakes

Exam tip

Article 361 = President and Governor immunity. Art. 361(1) = no court accountability. Art. 361(2) = no criminal proceedings during term. After the term ends, a Governor can be prosecuted. Art. 194(2) = MLAs' speech immunity — same principle as MPs' Art. 105(2).

Sources

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