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?
(a) I and II only
(b) II and III only
(c) I and III only
(d) I, II and III
The correct answer is (d) I, II and III.
Explanation
All three statements are correct as they describe specific immunities granted by the Constitution of India.
- Statement I: Correct. This immunity is explicitly granted by Article 361(1) of the Constitution. It states that the Governor (or the President) shall not be answerable to any court for the exercise and performance of the powers and duties of their office.
- Statement II: Correct. This personal immunity is granted by Article 361(2). It provides absolute protection from any criminal proceedings—they cannot be “instituted or continued” against a Governor (or the President) in any court during their term of office.
- Statement III: Correct. This is a parliamentary privilege granted to members of a State Legislature under Article 194(2). It provides absolute immunity from any court proceedings (like a defamation suit) “in respect of anything said or any vote given by him in the Legislature.”
Learn More
This question highlights two distinct types of constitutional immunities:
1. Personal Immunity of the Governor (Article 361)
This article provides a comprehensive shield to the Governor (and the President) to ensure they can function without fear of personal legal harassment. It’s important to note the nuances:
- Official Acts (Statement I): The immunity for official acts is absolute and permanent. A Governor cannot be summoned by a court to justify their official decisions, even after their term ends.
- Criminal Proceedings (Statement II): The immunity from criminal proceedings is absolute during the term of office. This means no new case can be filed, and no pre-existing case can be continued. The proceedings can, however, be initiated or continued after they leave office.
- Civil Proceedings: The Constitution does allow civil proceedings to be instituted against a Governor during their term for personal acts, but only after a notice of two months has been delivered.
2. Legislative Privileges (Article 194)
This immunity (Statement III) is not a personal immunity for the individual but a privilege for the member in their official capacity, essential for the independent functioning of the legislature.
- Freedom of Speech: Members have absolute freedom of speech inside the House. This is a core privilege that allows for free and open debate on all matters, which is the foundation of a parliamentary democracy.
- Freedom from Arrest: Members also have freedom from arrest in civil cases (but not criminal cases) during the session of the legislature and for a period of 40 days before and after the session.
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