Q. 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?
Exp) Option d is the correct answer.
Statement 1 is correct. Article 361 of Indian Constitution provides that the President, or the Governor of a State, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.
Statement 2 is correct. Article 361 (2) says that no criminal proceedings shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office.
Statement 3 is correct. The Constitution of India provides immunity to a member of Parliament/State Legislature from any proceedings in any court in respect of anything said or any vote given by him in the legislature or any committee thereof. Article 194 of the Constitution says that “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 or any committee thereof.”
Source: https://www.mea.gov.in/Images/pdf1/Part19.pdf
https://cms.rajyasabha.nic.in/UploadedFiles/Procedure/RajyaSabhaAtWork/English/244-310/CHAPTER8.pdf
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