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Q59 (IAS/2025) Polity & Governance › State Executive & Legislature › Governor powers, privileges, immunities Answer Verified

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?

Result
Your answer: —  ·  Correct: D
Explanation

All three statements are correct. The President of India and the Governor of States are not answerable to any court for the exercise and performance of the powers and duties of their office[2], making Statement I correct. No criminal proceedings shall be instituted or continued against the President or the Governor in any court during their term of office[2], confirming Statement II. 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/her in the Legislature or any committee thereof[4], which validates Statement III. These provisions represent constitutional exceptions to the principle of equality before law under Article 14, granting specific immunities to high constitutional functionaries and legislators to enable them to discharge their duties without fear of legal harassment.

Sources
  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > II Equality before Law and Equal Protection of Laws > p. 78
  2. [2] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 101
  3. [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > II Equality before Law and Equal Protection of Laws > p. 79
  4. [4] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Individual Privileges > p. 348
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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. With reference to the Indian polity, consider the following statements : I. The Governor of a State is not answerable to any court for t…
At a glance
Origin: From standard books Fairness: High fairness Books / CA: 10/10 · 0/10

This is a classic 'reward for reading the book' question. It directly tests the 'Exceptions to Equality' (Article 14) found in standard Polity texts. If you skipped the fine print on Article 361 or Article 194 in Laxmikanth, you lost free marks. No current affairs required; this is static constitutional text.

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
Under the Constitution of India (Indian polity), does Article 361 state that the Governor of a State is not answerable to any court for the exercise and performance of the powers and duties of the Governor's office?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
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?
  • Explicitly links Article 361 to immunities of President and Governors.
  • Specifically states: the President or Governor is not answerable to any court for exercise and performance of powers and duties.
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?
  • Restates the rule that the President or Governor shall not be answerable to any court for acts in exercise/performance of office.
  • Also outlines related procedural protections for criminal and civil proceedings, reinforcing the immunity principle.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 75: Rights and Liabilities of the Government > I President and Governor > p. 554
Presence: 4/5
“o I President and Governor The Constitution confers certain immunities to the president of India and governor of states with regard to their official acts and personal acts. These are: (a) Official Acts The president and the governors cannot be sued during the term of their office or thereafter, for any act done by them 4 J.N. Pandey, The Constitutional Law of India, 49th Edition, Central Law Agency, p. 682. 4dState of A.P. vs. Cludla Rarnkrishna Reddy (2000). In the exercise and performance of their official powers and duties. However, the official conduct of the president can be reviewed by a court, tribunal or any other body authorised by either House of Parliament to investigate charges for impeachment.”
Why this source?
  • Describes constitutional immunities for President and Governors regarding official acts and inability to be sued for such acts.
  • Notes that official conduct can still be subject to review in specific impeachment-related forums, adding interpretative context.
Statement 2
Under the Constitution of India (Indian polity), does Article 361 prohibit instituting or continuing criminal proceedings against a State Governor during the Governor's 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?
  • Expressly states: no criminal proceeding whatsoever shall be instituted or continued against the President or a Governor in any court during his term of office.
  • Specifies the prohibition applies during the term of office and to courts generally, making the bar broad and unconditional.
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 75: Rights and Liabilities of the Government > I President and Governor > p. 554
Presence: 4/5
“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?
  • Affirms that no criminal proceedings can be started against the president and the governors.
  • Clarifies that this immunity is limited to the period of the term of office and does not extend beyond it; suggests alternatives (proceedings against the Union/state).
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
Presence: 4/5
“II. Personal Acts. The immunity of the President or a Governor for unlawful personal acts committed by him during the term of his office is limited to the duration of such term. Personal acts during (a) As regards crimes, no proceedings can be brought Term of Office. Against them or continued while they are in office: but there is nothing to prevent such proceedings after their office is terminated<sup>13</sup> by expiry of term, dismissal or otherwise. (b) As regards civil proceedings, there is no such immunity, but the Constitution imposes a procedural condition: Civil proceedings may be brought against the President or a Governor, in respect of their personal acts, but only if two months' notice in writing has been delivered to the President or Governor.”
Why this source?
  • Explains that as regards crimes, no proceedings can be brought or continued while they are in office.
  • Further clarifies that such proceedings may be initiated after the office is terminated, emphasizing the temporal limit of immunity.
Statement 3
Under the Constitution of India (Indian polity), are members of a State Legislature immune from court proceedings in respect of anything said within the State Legislature (privilege under Article 194)?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > II Equality before Law and Equal Protection of Laws > p. 79
Presence: 5/5
“given by him/her in Parliament or any committee thereof (Article 105). • 4. 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/her in the Legislature or any committee thereof (Article 194).• 5. Article 31-C is an exception to Article 14. It provides that the laws made by the State for implementing the Directive Principles contained in clause (b) or clause (c) of Article 39 cannot be challenged on the ground that they are violative of Article 14.”
Why this source?
  • Explicitly records Article 194: no member of a State Legislature shall be liable to any proceedings in any court for anything said or any vote given in the Legislature or its committees.
  • Directly ties the immunity to the constitutional provision (Article 194), making the legal basis clear.
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Individual Privileges > p. 348
Presence: 5/5
“The privileges belonging to the members individually are: • 1. They cannot be arrested during the session of the state legislature and 40 days before the beginning and 40 days after the end of such session. This privilege is available only in civil cases and not in criminal cases or preventive detention cases. .• 2. They have freedom of speech in the state legislature. No member is liable to any proceedings in any court for anything said or any vote given by him/her in the state legislature or its committees.”
Why this source?
  • Affirms freedom of speech in the State Legislature and states members are not liable to court proceedings for anything said or any vote given in the House or committees.
  • Provides practical phrasing of the privilege as enjoyed individually by members of the State Legislature.
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 14: The State Legislature > THE STATE LEGISLATURE > p. 293
Presence: 4/5
“The court cannot interfere with any action taken for contempt unless the Legislature or its duly authorised officer is seeking to assert a privilege not known to the law of Parliament; or the notice issued or the action taken was without jurisdiction. (c) No House of the Legislature has, however, the power to create for itself any new privilege not known to the law and the courts possess the power to determine whether the House in fact possesses a particular privilege . . (d) It is also competent for a high court to entertain a petition for habeas corpus under Article 226 or for the Supreme Court, under Article 32, challenging the legality of a sentence imposed by a Legislature for contempt on the ground that it has violated a fundamental right of the petitioner and to release the prisoner on bail, pending disposal of that petition. (e) But once a privilege is held to exist, it is for the House to judge the occasion and its manner of exercise.”
Why this source?
  • Explains judicial limits on legislative privilege — courts may intervene if a claimed privilege is not recognized by parliamentary law or if action was without jurisdiction.
  • Notes availability of judicial remedies (e.g., habeas corpus) challenging legislative contempt where fundamental rights may be violated, indicating the privilege is not wholly beyond judicial review.
Pattern takeaway: UPSC Polity questions obsess over the 'boundaries' of power. Whenever a chapter mentions 'Exceptions,' 'Immunities,' or 'Non-obstante clauses' (notwithstanding), mark it red. The examiner loves testing exactly where the jurisdiction of the Courts ends and the autonomy of the Executive/Legislature begins.
How you should have studied
  1. [THE VERDICT]: Sitter. Direct lift from Laxmikanth Chapter 8 (Fundamental Rights > Exceptions to Equality) and Chapter 30 (Governor).
  2. [THE CONCEPTUAL TRIGGER]: Constitutional Immunities & Privileges. The specific tension between 'Rule of Law' (Article 14) and 'Executive/Legislative Necessity' (Articles 361, 105, 194).
  3. [THE HORIZONTAL EXPANSION]: (1) Civil Proceedings: Can be instituted against Governor/President during term for personal acts, but ONLY after 2 months' notice. (2) Official Acts: Absolute immunity from legal liability, but the *Government* can be sued. (3) Arrest: No process for arrest/imprisonment can issue from any court during the term. (4) Non-Members: Advocate General speaking in the House enjoys the same Art 194 immunity. (5) Publication: Immunity applies to reports published *by* the House, not private newspapers (unless covered by Art 361A).
  4. [THE STRATEGIC METACOGNITION]: Don't just memorize 'Governor has immunity.' Memorize the matrix: Criminal (Absolute during term) vs. Civil (Conditional during term) vs. Official Acts (Absolute personal immunity). UPSC loves swapping 'Criminal' with 'Civil' or removing the 'during term' constraint.
Concept hooks from this question
📌 Adjacent topic to master
S1
👉 Article 361: Immunity of President and Governor
💡 The insight

Article 361 provides immunity to the President and Governors from being answerable to courts for their official acts.

High-yield for constitutional law: explains a key exception to equality before law and to judicial jurisdiction. Connects to questions on separation of powers, remedies against executive action, and impeachment. Mastery helps answer scenario and doctrinal questions about executive immunity.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > II Equality before Law and Equal Protection of Laws > p. 78
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > p. 101
🔗 Anchor: "Under the Constitution of India (Indian polity), does Article 361 state that the..."
📌 Adjacent topic to master
S1
👉 Limits on Criminal and Civil Proceedings against President/Governor
💡 The insight

The Constitution prevents criminal proceedings during the term and restricts civil suits during the term with procedural notice requirements.

Important for procedural and substantive rights topics: helps distinguish immunity in office from post-office liability, and guides answers on legal remedies against high constitutional functionaries. Useful for fact-based questions on when proceedings may be instituted.

📚 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: "Under the Constitution of India (Indian polity), does Article 361 state that the..."
📌 Adjacent topic to master
S1
👉 Discretionary Powers and Non‑justiciability of Certain Governor Acts
💡 The insight

The Governor's actions 'in his discretion' or on 'special responsibility' are described as final decisions which courts cannot question.

Crucial for debates on judicial review limits and executive discretion; links to Articles 163/154 and issues of federal governance. Enables tackling questions on which executive acts are justiciable and which are protected.

📚 Reading List :
  • Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 13: The State Executive > THE STATE EXECUTIVE > p. 274
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > CONSTITUTIONAL POSITION OF GOVERNOR > p. 321
🔗 Anchor: "Under the Constitution of India (Indian polity), does Article 361 state that the..."
📌 Adjacent topic to master
S2
👉 Article 361 immunity from criminal proceedings
💡 The insight

Article 361 bars instituting or continuing criminal proceedings against the President and Governors during their term of office.

High-yield constitutional law topic tested in UPSC; explains executive legal immunity and its limits, and links to separation of powers and accountability. Mastery enables answering questions on privileges of constitutional office-holders and related Article-based reasoning.

📚 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: "Under the Constitution of India (Indian polity), does Article 361 prohibit insti..."
📌 Adjacent topic to master
S2
👉 Distinction between criminal and civil proceedings for Presidents/Governors
💡 The insight

Criminal proceedings are prohibited during the term, whereas civil proceedings have procedural conditions (e.g., two months' notice).

Important for precise answers on legal remedies against executive office-holders; connects constitutional safeguards to procedural law and informs answers on who may be sued and under what conditions.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 75: Rights and Liabilities of the Government > I President and Governor > p. 554
  • 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
🔗 Anchor: "Under the Constitution of India (Indian polity), does Article 361 prohibit insti..."
📌 Adjacent topic to master
S2
👉 Temporal limit of immunity (only during the term)
💡 The insight

The immunity from criminal proceedings applies only while the office-holder is in office and ceases after the term ends or on removal.

Critical for tackling questions on post-office accountability and retrospective prosecution; helps differentiate between immunity and impunity and to reason about transitional legal consequences.

📚 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: "Under the Constitution of India (Indian polity), does Article 361 prohibit insti..."
📌 Adjacent topic to master
S3
👉 Article 194: Legislative immunity for speech and votes
💡 The insight

Members of a State Legislature are constitutionally protected from court proceedings for things said or votes given in the Legislature or its committees under Article 194.

High-yield for questions on legislative privileges and separation of powers; connects constitutional text to parliamentary practice and helps answer questions on member immunities. Enables tackling Qs on comparative privileges between Parliament and State Legislatures.

📚 Reading List :
  • Indian Polity, M. Laxmikanth(7th ed.) > Chapter 8: Fundamental Rights > II Equality before Law and Equal Protection of Laws > p. 79
  • Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Individual Privileges > p. 348
🔗 Anchor: "Under the Constitution of India (Indian polity), are members of a State Legislat..."
🌑 The Hidden Trap

The 'Civil Proceedings' Trap: While criminal proceedings are totally barred during the term, civil proceedings for *personal acts* CAN be started against the President/Governor during their term, provided 2 months' written notice is given. A future statement will likely claim 'No civil proceedings can be instituted,' which would be FALSE.

⚡ Elimination Cheat Code

Use the 'Head of State' Parallelism Logic. If you know the President (Head of Union) has absolute immunity from criminal proceedings to preserve the dignity of the office, the Governor (Head of State) must logically possess the exact same shield. The Constitution rarely creates a hierarchy of dignity between the two offices regarding personal liberty.

🔗 Mains Connection

Mains GS-2 (Separation of Powers): These immunities are not personal privileges but protections for the *office* to ensure fearless functioning. However, link this to the *Rameshwar Prasad* or *Nabam Rebia* judgments: while the Governor is personally immune (Art 361), their *decisions* (like dissolving an assembly) are subject to Judicial Review on grounds of mala fide.

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SIMILAR QUESTIONS

CDS-I · 2002 · Q66 Relevance score: 4.17

Consider the following statements regarding Indian polity: 1. In India, a State cannot have more than 500 members in its Legislative Assembly. 2. The Legislative Council of a State in India cannot be larger in size than half of the Legislative Assembly of that particular State 3. To be a member of State Legislative Assembly, a citizen must not be less than 25 years of age 4. The Governor of a State nominates the Chairman for Legislative Council of that particular State Which of these statements are correct?

IAS · 2019 · Q53 Relevance score: 3.74

With reference to the Legislative Assembly of a State in India, consider the following statements : 1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year. 2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter. Which of the statements given above is/are correct?

IAS · 2018 · Q41 Relevance score: 2.96

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 ?