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UPSC IAS - 2018
Consider the following statements: 1) No criminal proceedings shall be instituted against the Governor of a State any court during his term of office. 2) The 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?
Year Asked: 2018
A
1 only
B
2 only
C
Both 1 and 2
D
Neither 1 nor 2
Correct Answer
C. Both 1 and 2
Detailed Explanation
The correct answer is C. Both statements are correct, and both come from Article 361 and Article 158 of the Constitution.
- Statement 1 is correct. Article 361(2) bars the institution or continuation of any criminal proceedings against the Governor in any court during his term of office. The protection covers the term only. A case can be filed once the Governor leaves office. Article 361(4) also requires two months' prior notice before civil proceedings are filed for acts done in personal capacity, a point often confused with the criminal immunity.
- Statement 2 is correct. Article 158(3) provides that the Governor's emoluments and allowances shall not be diminished during his term. This is a protection for the office, much like the one given to the President under Article 36 and to judges.
The core concept is constitutional protection of high functionaries, so that they can act without fear or pressure. In Mains, this links to discussions on the role of the Governor, centre-state friction, and whether such immunities weaken accountability.
Trap: Candidates often assume that the Governor enjoys complete, permanent immunity. The criminal immunity lasts only during the term, and civil suits are not barred outright.
This question appeared in UPSC Prelims 2018 GS Paper-1.
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