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?
Explanation
The Constitution grants legal immunities to ensure that key functionaries can perform their roles without judicial interference or fear of litigation, while maintaining institutional independence.
Statement I is correct. Under Article 361, the Governor is not answerable to any court for acts done in the exercise of official powers and duties. This immunity is functional and tied to the office.
Statement II is correct. No criminal proceedings can be instituted or continued against the Governor during the term of office. However, civil proceedings can be initiated after giving two months’ prior notice.
Statement III is correct. Under Article 194(2), members of State Legislatures enjoy parliamentary privileges, including immunity from court proceedings for anything said or any vote given within the House.
Thus, all three statements are correct.