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UPSC Prelims 2025 · Polity · Governor & State Government
With reference to the Indian polity, consider the following statements:
- 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;
- No criminal proceedings shall be instituted or continued against the Governor during his/her term of office;
- Members of a State Legislature are not liable to any proceedings in any court in respect of anything said within the House.
- (a) I and II only
- (b) II and III only
- (c) I and III only
- (d) I, II and III
Show the answer and explanation
Answer: (d) I, II and III
Art. 361(1), Art. 361(2) and Art. 194(2).
Statement by statement
1. ✓ CORRECT — Art. 361(1) Personal immunity for official acts (the President has the same).
2. ✓ CORRECT — Art. 361(2) Criminal immunity during the term, even for personal acts. Civil proceedings for personal acts are possible after two months’ notice (Art. 361(4)).
3. ✓ CORRECT — Art. 194(2) Freedom of speech in the legislature. The Parliament version is Art. 105(2).
The idea
Art. 361 covers the President and Governors only: (1) not answerable for official acts; (2) no criminal proceedings during the term; (3) no arrest or imprisonment during the term; (4) civil cases for personal acts only after two months’ notice. Rameshwar Prasad (2006): the immunity is personal — the Governor’s action itself can still be reviewed.
Why the others are wrong
(a) Drops III — MLAs have the same speech immunity as MPs (Art. 194).
(b) Drops I — the Governor is not answerable to courts for official acts.
(c) Drops II — no criminal case can even continue during the Governor’s term.
The trap
Statement III switches from the Governor to legislators, so it feels like an odd one out. It is a separate but true immunity.
🔒 Art. 361 = President/Governor immunity (official acts + no criminal case during term) · Arts. 105/194 = speech immunity for MPs/MLAs.
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