UPSC Prelims 2025 Q59: Indian Polity – Union & State Executive
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?
- (a) I and II only
- (b) II and III only
- (c) I and III only
- (d) I, II and III
Answer: (d) I, II and III
Explanation
Statement-by-Statement Breakdown:
| Statement | Claim | Verdict | Constitutional Basis |
|---|---|---|---|
| Statement I | Governor is NOT answerable to any court for exercise of powers | TRUE | Article 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 II | No criminal proceedings against Governor during term of office | TRUE | Article 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 III | Members of State Legislature are not liable for anything said within the House | TRUE | Article 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:
| Person | Immunity Under | Scope |
|---|---|---|
| President | Art. 361(1) | No court accountability for official acts; no criminal proceedings during term |
| Governor | Art. 361(1) & (2) | Same as President - no court accountability, no criminal proceedings |
| MPs | Art. 105(2) | No court liability for speech or vote in Parliament |
| MLAs/MLCs | Art. 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
- (a) Incorrect. Only Statement I would mean II and III are wrong. Article 361(2) explicitly grants criminal immunity to Governors, and Article 194(2) grants legislative privilege to state legislators.
- (b) Incorrect. Only II and III would mean Statement I is wrong. Article 361(1) explicitly says the Governor 'shall not be answerable to any court' — this is an absolute constitutional protection.
- (c) Incorrect. Only I and III would mean criminal immunity (Statement II) doesn't exist. Article 361(2) is explicit about 'no criminal proceedings whatsoever' during the Governor's term.
- (d) CORRECT. All three statements precisely reflect Article 361(1) (judicial non-accountability), Article 361(2) (criminal immunity), and Article 194(2) (legislative privilege for state legislators).
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
- Thinking Governor can be sued in civil courts while only criminal proceedings are barred — Article 361(1) bars ALL court accountability for official acts.
- Confusing legislative privilege of MLAs (Art. 194) with MPs (Art. 105) — both have the same speech/vote immunity but under different articles.
- Thinking immunity means the Governor or legislators can never face legal consequences — immunity is limited to official acts and in-house statements.
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
- Constitution of India — Article 361 (Protection of President and Governors)
- Constitution of India — Article 194 (Powers, Privileges of State Legislatures)