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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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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
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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.
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