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Q41 (IAS/2018) Polity & Governance › State Executive & Legislature › Governor powers, privileges, immunities Official Key

Consider the following statements : 1. No criminal proceedings shall be instituted against the Governor of a State in 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 ?

Result
Your answer: —  ·  Correct: C
Explanation

The correct answer is option C because both statements are correct.

Statement 1 is correct: No criminal proceedings shall be instituted or continued against the Governor of a State in any court during his term of office.[2] This immunity against criminal proceedings is limited to the period of their term of office only and does not extend beyond that.[3]

Statement 2 is also correct: The emoluments and allowances of a Governor shall not be diminished during his term of office as per Article 158(3)-(4).[4] The Governor is entitled to such emoluments, allowances and privileges as may be determined by Parliament.[5]

These constitutional protections ensure the independence and dignity of the office of the Governor, shielding them from harassment through criminal proceedings and protecting their financial entitlements during their tenure.

Sources
  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 101
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > II Equality before Law and Equal Protection of Laws > p. 78
  3. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 75: Rights and Liabilities of the Government > I President and Governor > p. 554
  4. [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > 2. The Governor > p. 272
  5. [5] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 30: Governor > Condit ions of Office > p. 315
How others answered
Each bar shows the % of students who chose that option. Green bar = correct answer, blue outline = your choice.
Community Performance
Out of everyone who attempted this question.
56%
got it right
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Consider the following statements : 1. No criminal proceedings shall be instituted against the Governor of a State in any court during h…
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10

This is a 'Polity 101' sitter derived directly from the bare text of Articles 361 and 158. It tests the fundamental 'Conditions of Office' and 'Immunities' that ensure the independence of the Head of State. If you miss this, your static revision of Laxmikanth is critically weak.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
Does the Constitution of India prohibit instituting criminal proceedings against the Governor of a State in any court during his term of office?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 101
Presence: 5/5
“The exceptions allowed by the Indian Constitution are- (I) 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. (2) No criminal proceeding whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office. (3) No civil proceeding in which relief is Claimed against the President or the Governor of a state shall be instituted during his term of office in respect of any act done or purporting to be done by him in his personal capacity, whether before or after he entered upon his office as President or Governor of such state, until the expiration of two months next after notice in writing has been delivered to the President or the Governor, as the case may be, or left at his office statin”
Why this source?
  • Explicitly states as a constitutional exception that 'No criminal proceeding whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.'
  • Directly names Governor and bars criminal proceedings in any court for the duration of the term.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > II Equality before Law and Equal Protection of Laws > p. 78
Presence: 5/5
“The Supreme Court held that the 'Rule of Law' as embodied in Article 14 is a 'basic feature' of the constitution. Hence, it can not be destroyed even by an amendment. Exceptions to Equality The rule of equality before law is not absolute and there are constitutional and other exceptions to it. These are mentioned below: • 1. The President of India and the Governor of States enjoy the following immunities (Article 361), • (i) The President or the Governor is not answerable to any court for the exercise .md performance of the powers and duties of his/ her office.• (ii) No criminal proceedings shall be instituted or continued against the President or the Governor in any court during his/ her term of office”
Why this source?
  • Identifies Article 361 immunity wording: no criminal proceedings shall be instituted or continued against the President or the Governor during term of office.
  • Concise restatement of the constitutional rule covering governors' immunity from criminal prosecution while in office.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 75: Rights and Liabilities of the Government > I President and Governor > p. 554
Presence: 5/5
“Further, the aggrieved person can bring appropriate proceedings against the Union of India instead of the president and the state instead of the Governor of that state. (b) Personal Acts No criminal proceedings can be started against the president and the governors in respect of their personal acts nor can they be arrested or imprisoned. This immunity is limited to the period of the term of their office only and does not extend beyond that. However, civil proceedings can be started against them during their term of office in respect of their personal acts after giving two months' advance notice.”
Why this source?
  • States that no criminal proceedings can be started against Presidents and Governors in respect of personal acts and they cannot be arrested or imprisoned during their term.
  • Clarifies the immunity is limited to the period of the term, reinforcing the temporal scope of the prohibition.
Statement 2
Does the Constitution of India prohibit diminution of the emoluments and allowances of the Governor of a State during his term of office?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > 2. The Governor > p. 272
Presence: 5/5
“The Governor's (Emoluments, Allowances and Privileges) Act, 1922 as amended in 2009 (we f 1 .January 2006). The emolument and allowances of a Governor shall not be diminished during his term of office [Article 158(3)-(4)].”
Why this source?
  • Direct statement that 'The emolument and allowances of a Governor shall not be diminished during his term of office'.
  • Specifically cites Article 158(3)-(4), indicating a constitutional provision for non-diminution.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 30: Governor > Condit ions of Office > p. 315
Presence: 3/5
“Governor ~ 315 State legislature. If any such person is appointed as governor, he/she is deemed to have vacated his/her seat in that House on the date on which he/she enters upon his/her office as the governor. • He/she should not hold any other office of profit. • He/ she is entitled without payment of rent to the use of his/her official residence (the Raj Bhavan). • He/she is entitled to such emoluments, allowances and privileges as may be determined by Parliament. • When the same person is appointed as the governor of two or more states, the emoluments and allowances payable to him/her are shared by the states in such proportion as determined by the President.”
Why this source?
  • States the Governor is 'entitled to such emoluments, allowances and privileges as may be determined by Parliament', showing constitutional/regulatory linkage for emoluments.
  • Supports understanding of the framework for Governor's pay (determination by Parliament), which complements the non-diminution rule.
Pattern takeaway: UPSC consistently tests 'Protective Provisions' (salary security, immunity) for constitutional posts (President, Governor, Judges, CAG). Whenever a statement suggests a safeguard to tenure or dignity ('shall not be diminished', 'no criminal proceedings'), it is statistically likely to be correct as it aligns with the principle of Executive Independence.
How you should have studied
  1. [THE VERDICT]: Sitter. Direct lift from Laxmikanth (Chapter: Governor & Chapter: Rights and Liabilities of the Government).
  2. [THE CONCEPTUAL TRIGGER]: The 'Independence of Constitutional Offices' theme—specifically Article 361 (Immunities) and Article 158 (Conditions of Office).
  3. [THE HORIZONTAL EXPANSION]: 1. Civil Proceedings: Allowed against Governor for personal acts, but ONLY after 2 months' written notice. 2. Official Acts: Absolute immunity from legal liability (Art 361(1)). 3. Arrest/Imprisonment: Totally barred during term. 4. Dual Charge: If a Governor covers two states, emoluments are shared in proportion determined by the PRESIDENT (not Parliament). 5. Salary Source: Charged on Consolidated Fund of State (non-votable).
  4. [THE STRATEGIC METACOGNITION]: Do not just read 'Governor has immunity.' Create a 2x2 matrix: Criminal vs. Civil | Official Acts vs. Personal Acts. Memorize the temporal constraints ('during term' vs 'after term').
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Article 361 — Immunity of President and Governor
💡 The insight

The references repeatedly refer to the constitutional immunity (Article 361) that bars criminal proceedings against the President and Governors during their term.

High-yield for UPSC constitutional law questions: tests knowledge of specific Articles, exceptions to equality before law, and remedies. Connects to topics on executive privileges, rule of law, and accountability; useful for questions contrasting immunities of different offices and post‑tenure liabilities.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 101
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > II Equality before Law and Equal Protection of Laws > p. 78
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 75: Rights and Liabilities of the Government > I President and Governor > p. 554
🔗 Anchor: "Does the Constitution of India prohibit instituting criminal proceedings against..."
📌 Adjacent topic to master
S1
👉 Criminal vs Civil immunity for President/Governor
💡 The insight

Evidence distinguishes that criminal proceedings are barred during term whereas civil proceedings have a procedural condition (e.g., two months' notice).

Important to master because papers often ask differences between types of legal immunity and procedural safeguards. Links constitutional provisions to civil procedure and remedies (e.g., suing the Union/state instead), enabling answer patterns that compare scope, conditions, and exceptions.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 101
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 29: RIGHTS AND LIABILITIES OF THE GOVERNMENT AND PUBLIC SERVANTS > CHAP. 29] REGULATIONS AND LAWS OF THE GOVERNMENT AND PUBLIC SERVANTS 429 > p. 430
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 75: Rights and Liabilities of the Government > I President and Governor > p. 554
🔗 Anchor: "Does the Constitution of India prohibit instituting criminal proceedings against..."
📌 Adjacent topic to master
S1
👉 Temporal limit of official immunity (limited to term)
💡 The insight

References state immunity from criminal proceedings applies only during the term and that proceedings can be instituted after the office terminates.

Helps answer questions on accountability and post‑tenure prosecution; shows immunity is not absolute. Useful for essays and polity mains answers discussing checks on executive by post‑office remedies and separation of powers.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 29: RIGHTS AND LIABILITIES OF THE GOVERNMENT AND PUBLIC SERVANTS > CHAP. 29] REGULATIONS AND LAWS OF THE GOVERNMENT AND PUBLIC SERVANTS 429 > p. 430
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 75: Rights and Liabilities of the Government > I President and Governor > p. 554
🔗 Anchor: "Does the Constitution of India prohibit instituting criminal proceedings against..."
📌 Adjacent topic to master
S2
👉 Non-diminution of Governor's emoluments (Article 158)
💡 The insight

The key reference explicitly cites Article 158(3)-(4) stating emoluments shall not be diminished during the Governor's term.

High-yield for UPSC: this is a direct constitutional protection frequently tested under Part VI (state executive) and Governor's conditions of office. Mastering this helps answer questions on safeguards to constitutional office-holders and compare protections for President vs Governor.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > 2. The Governor > p. 272
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > 2. The Governor > p. 269
🔗 Anchor: "Does the Constitution of India prohibit diminution of the emoluments and allowan..."
📌 Adjacent topic to master
S2
👉 Parliamentary determination of Governor's emoluments
💡 The insight

References state Governors are 'entitled to such emoluments... as may be determined by Parliament', clarifying who fixes pay and allowances.

Important for questions on legislative powers over executive emoluments and the interplay between statute and constitutional guarantees; links to topics on salaries/allowances of constitutional posts and related statutory Acts.

📚 Reading List :
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 30: Governor > Condit ions of Office > p. 315
🔗 Anchor: "Does the Constitution of India prohibit diminution of the emoluments and allowan..."
📌 Adjacent topic to master
S2
👉 Immunities and procedural protections for Governor during term
💡 The insight

Provided references outline immunities (no criminal proceedings, constraints on civil suits) that often accompany discussions of conditions of office.

Helps frame broader questions about legal protections for constitutional authorities; useful for comparative questions (President vs Governor) and for essays/answers on office-holder privileges and accountability.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 101
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 75: Rights and Liabilities of the Government > I President and Governor > p. 554
🔗 Anchor: "Does the Constitution of India prohibit diminution of the emoluments and allowan..."
🌑 The Hidden Trap

The 'Dual Charge' Trap: While Parliament determines the Governor's salary, if the same person is appointed Governor of two states, the emoluments are allocated between the states by order of the PRESIDENT (Art 158(3A)), not by Parliament directly.

⚡ Elimination Cheat Code

Use 'Dignity of Office' Logic. For a Head of State (President/Governor), criminal proceedings (handcuffs/jail) are incompatible with the dignity of the office. Therefore, Statement 1 must be true. Similarly, 'non-diminution of salary' is a standard clause for all independent constitutional authorities (Judges, CAG, CEC). Both statements support the 'Independence' framework.

🔗 Mains Connection

Mains GS2 Link: Connect Article 361 (Immunity) to Article 14 (Rule of Law). This immunity is a specific constitutional 'exception' to Equality before Law, justified to ensure the Head of State is not harassed by frivolous litigation, balancing 'Republicanism' with 'Functional Independence'.

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SIMILAR QUESTIONS

IAS · 2025 · Q59 Relevance score: 8.21

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?

IAS · 2025 · Q54 Relevance score: 2.14

Consider the following statements : I. The Constitution of India explicitly mentions that in certain spheres the Governor of a State acts in his/her own discretion. II. The President of India can, of his/her own, reserve a bill passed by a State Legislature for his/her consideration without it being forwarded by the Governor of the State concerned. Which of the statements given above is/are correct?

NDA-II · 2008 · Q98 Relevance score: 1.83

Consider the following statements : 1. No person is eligible for appointment as Governor unless he has completed the age of thirty years. 2. The same person can be appointed as Governor for three States. Which of the statements given above is/are correct?

CDS-I · 2006 · Q118 Relevance score: 1.58

Consider the following statements 1. If the Legislative Assembly of a State in India is dissolved in mid-term, the Speaker vacantes his office. 2. When the Speaker of a Legi slat ive Assembly resigns, he addresses his letter to the Governor of the State. Which of the statements given above is/ are correct?

NDA-II · 2008 · Q97 Relevance score: 1.33

Consider the following statements : 1. A bill pending in the Legislature of a State shall not lapse by reason of the propogation of the House or Houses thereof. 2. A bill pending in the Legislative Council of a State which has not been passed by the Legislative assembly shall not lapse on dissolution of the Assembly. Which of the statements given above is/are correct?