With reference to the Indian polity, consider the following statements: [State Legislature & Executive]
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?
Correct Answer :
I, II and III
Solution :
The correct answer is I, II and III.
Let us understand the constitutional provisions of the Indian polity that validate each of these statements step-by-step:
Statement I is correct:
Article 361(1) of the Constitution of India provides immunity to the President and the Governors of States. It states that 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 or for any act done or purporting to be done by him/her in the exercise and performance of those powers and duties.
Statement II is correct:
Article 361(2) of the Constitution of India states that no criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his/her term of office. This provides complete immunity from criminal proceedings during their tenure.
Statement III is correct:
Article 194(2) of the Constitution of India provides powers, privileges, and immunities to the State Legislatures and their members. It explicitly states that 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. This ensures freedom of speech within the House without the fear of legal action.
Since all three statements (I, II, and III) are constitutionally correct, the option containing all of them is the right choice.
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