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UPSC Prelims 2018 · Polity · Governor & State Government
Consider the following statements:
- No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
- The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Show the answer and explanation
Answer: (c) Both 1 and 2
Both are constitutional guarantees.
Statement by statement
1. ✓ CORRECT — Art. 361(2) Criminal immunity lasts for the whole term.
2. ✓ CORRECT — Art. 158(4) Fixed by Parliament; cannot be cut during the term. If one person governs two States, the cost is shared as the President decides.
The idea
Conditions of the Governor’s office (Art. 158): not a member of any legislature; no other office of profit; free official residence; emoluments set by Parliament and not reduced during the term. The Governor holds office during the President’s pleasure (Art. 156) — B.P. Singhal (2010): removal cannot be arbitrary.
Why the others are wrong
(a) Drops the emoluments guard in Art. 158(4).
(b) Drops the criminal immunity in Art. 361(2).
(d) Both are in the text.
The trap
Protecting salary sounds like a judges’ provision, so 2 feels borrowed. The Governor has it too.
🔒 Governor: term 5 years at the President’s pleasure (156) · pay not cut during term (158(4)) · no criminal case during term (361(2)).
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