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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2025, Q89

Contents12
UPSC Prelims GS2025Indian Polity
  1. AI and II only
  2. BII and III only
  3. CI and III only
  4. DI, II and III
Show answer

Answer: (D) I, II and III

(I) 'Governor not answerable to any court for exercise of official powers' — CORRECT.

Article 361(1) explicitly states:

'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.'

This provides complete immunity from court proceedings for official acts. ✓

(II) 'No criminal proceedings against Governor during term' — CORRECT.

Article 361(2) states:

'No criminal proceedings whatsoever shall be instituted or continued against the Governor of a State in any court during his term of office.'

Additionally, Article 361(3) provides that no civil suit for personal acts can be instituted during tenure without two months' prior notice. ✓

(III) 'State Legislature members not liable for anything said within the House' — CORRECT.

Article 194(2) provides:

'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 in the Legislature or any committee thereof.'

This is parliamentary privilege — it ensures legislators can speak freely in the House without fear of legal consequences. ✓

All three statements are correct. Answer is (d).

Why this was asked

Article 361 grants Governors complete immunity from court proceedings for official acts and bars criminal cases during their tenure.

Parliamentary privileges under Article 194 protect legislators' freedom of speech in the House from any court action.

The question tests whether students can distinguish between different types of constitutional immunities - executive immunity for Governors versus legislative privilege for MLAs.

Governor's Immunities & Privileges

Indian Polity Governor answerable criminal proceedings court

Governor's Constitutional Immunities: Article 361 Provisions

Must know

Article 361 grants complete immunity to Governor from court proceedings for official acts

No criminal proceedings can be instituted against Governor during term of office

Good to know

Civil suits for personal acts require 2 months' prior notice during tenure

Constitutional Protection

Article 361 provides comprehensive immunity to the Governor, ensuring the office functions without judicial interference. This protection covers both official duties and personal acts, though with different levels of immunity.

Types of Immunity

Type

Article 361 Clause

Scope

Duration

Official Acts

361(1)

Complete immunity from all court proceedings

Permanent (even after tenure)

Criminal Proceedings

361(2)

No criminal proceedings whatsoever

During term of office only

Civil Suits (Personal)

361(3)

Requires 2 months' prior notice

During term of office only

Key Constitutional Provisions

Article 361(1): Governor not answerable to any court for exercise and performance of official powers and duties

Article 361(2): Absolute bar on criminal proceedings during tenure - no exceptions

Article 361(3): Civil proceedings for personal acts can be instituted with proper notice requirement

Protection extends to acts done 'purporting to be' in official capacity - covers good faith errors

Exam traps

Trap: Immunity for official acts is permanent, not limited to tenure

Trap: Criminal immunity is absolute during tenure - no notice requirement unlike civil suits

Trap: Article 361 applies to State Governors - President has similar protection under different provisions

Parliamentary Privileges in State Legislature

Indian Polity Members State Legislature liable proceedings House

Parliamentary Privileges: Article 194 & Legislative Immunity

Must know

Article 194 grants parliamentary privileges to State Legislature members

Complete immunity for anything said or vote given within the House

Good to know

Article 105 provides similar privileges to Parliament members

Foundation of Legislative Freedom

Parliamentary privileges ensure legislators can perform their duties without fear of legal consequences. Article 194 for State Legislatures and Article 105 for Parliament create this protective framework for democratic functioning.

Parliamentary Privileges Comparison

Legislature

Article

Speech Immunity

Publication Protection

Committee Coverage

Parliament

Article 105

Complete immunity for speech & votes

Protected under parliamentary proceedings

Extends to all committees

State Legislature

Article 194

Complete immunity for speech & votes

Protected under legislative proceedings

Extends to all committees

Scope

Both levels

Cannot be questioned in any court

Authorized reports protected

Joint committees included

Article 194 Provisions

Article 194(1): Powers, privileges and immunities of State Legislature and members defined by law

Article 194(2): No liability for anything said or vote given in Legislature or committees

Article 194(3): No liability for publication of reports, papers, votes or proceedings under House authority

Protection covers both Houses of bicameral State Legislatures (where applicable)

Exam traps

Trap: Immunity covers anything said - includes defamatory or controversial statements within House

Trap: Protection extends to committees - not just main House proceedings

Trap: Article 194 is for States, Article 105 for Parliament - don't mix up the numbers

Constitutional Immunities: Executive vs Legislative

Indian Polity

Constitutional Immunities: Protecting Democratic Institutions

Must know

Executive immunity (Article 361) protects from court interference in official duties

Legislative immunity (Articles 105, 194) ensures free speech in Parliament/Legislatures

Good to know

Both serve separation of powers - preventing judicial overreach into other branches

Executive vs Legislative Immunities

Immunity Type

Beneficiary

Constitutional Basis

Scope

Purpose

Executive

President, Governor

Article 361

Official acts + limited personal protection

Enable fearless executive action

Legislative

MPs, MLAs

Articles 105, 194

Speech, votes, proceedings in House

Ensure free parliamentary debate

Judicial

Judges

Article 121, 211

Judicial conduct discussions barred

Protect judicial independence

Constitutional Immunity Framework

# Constitutional Immunities
## Executive Branch
- President (Art 361)
- Governor (Art 361)
- Official acts protected
- Criminal immunity during tenure
## Legislative Branch
- MPs (Art 105)
- MLAs (Art 194)
- Speech immunity
- Committee proceedings
## Judicial Branch
- Judges protected
- Art 121, 211
- Conduct discussions barred
- Impeachment exception

Rationale & Limitations

Separation of Powers: Prevents one branch from intimidating another through legal proceedings

Functional Necessity: Officials must act without fear of constant litigation for legitimate duties

Democratic Functioning: Legislators need freedom to criticize government, discuss sensitive issues

Not Absolute: Immunities have specific scope - don't cover all personal acts or criminal behavior outside office

Exam traps

Trap: All three branches have constitutional immunity - Executive, Legislative, and Judicial

Trap: Immunity ≠ Impunity - protections are functional, not blanket personal exemptions

Trap: Duration varies - some protections permanent (official acts), others temporary (during tenure)