Consider the following statements : 1. No criminal proceedings shal

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 ?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

Answer is Right!

Answer is Wrong!

This question was previously asked in

UPSC IAS – 2018

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The correct answer is C.

Statement 1 is correct. Article 361(2) of the Constitution of India provides that no criminal proceedings whatsoever shall be instituted or continued against the President, or the Governor of a State, in any court during his term of office.
Statement 2 is correct. Article 158(4) states that the emoluments and allowances of the Governor shall not be diminished during his term of office. This provision ensures the financial security and independence of the office of the Governor.

Article 361 provides immunity to the President and Governors from certain legal proceedings. While they have immunity from criminal proceedings during their term, civil proceedings can be instituted against them with two months’ notice regarding acts done or purporting to be done by them in their personal capacity. The protection against diminution of emoluments and allowances is a standard feature for high constitutional offices to prevent the executive or legislature from using financial pressure to influence the officeholder.

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