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?
Correct Answer :
Both 1 and 2
Solution :
The correct answer is Both 1 and 2.
Let us analyze each statement based on the constitutional provisions relating to the Governor of a State in India:
Statement 1: "No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office."
According to Article 361(2) of the Constitution of India, no criminal proceedings whatsoever shall be instituted or continued against the President or the Governor of a State in any court during their term of office. They enjoy personal immunity from criminal liability during their tenure. Hence, Statement 1 is correct.
Statement 2: "The emoluments and allowances of the Governor of a State shall not be diminished during his term of office."
According to Article 158(4) of the Constitution of India, the emoluments and allowances of the Governor shall not be diminished during his term of office. This provision ensures the independence and dignity of the constitutional office of the Governor. Hence, Statement 2 is correct.
Since both Statement 1 and Statement 2 are correct, the correct choice is Both 1 and 2.
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