📘 IAS Prelims 2025 — GS-I Q.59 | Classroom Explanation

(Polity | Constitutional Immunities & Legislative Privileges)

📌 Question

Q.59) 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?

(a) I and II only
(b) II and III only
(c) I and III only
(d) I, II and III

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✅ Correct Answer: (d) I, II and III

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🧑‍🏫 Classroom Explanation

This question tests constitutional immunities and legislative privileges, an evergreen UPSC theme where article-level clarity is decisive.

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🔍 Statement-wise Analysis

✅ Statement I: Correct

• Article 361(1) of the Constitution provides that:

The Governor shall not be answerable to any court for the exercise and performance of the powers and duties of his/her office.

• Key clarification:

• This is personal immunity of the Governor
• Actions of the State Government remain subject to judicial review

➡️ Hence, Statement I is correct.

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✅ Statement II: Correct

• Article 361(2) states:

No criminal proceedings shall be instituted or continued against the Governor during his/her term of office.

• Nature of immunity:

• Absolute immunity from criminal proceedings while in office
• Proceedings may be initiated after the term ends

➡️ Hence, Statement II is correct.

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✅ Statement III: Correct

• Article 194(2) grants:

Freedom of speech in the Legislature and immunity from court proceedings for anything said or any vote given in the House or its committees.

• Purpose:

• Ensure free and fearless legislative debate
• Protect legislators from legal intimidation

➡️ Hence, Statement III is correct.

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🧮 UPSC-Style Elimination

Statement	Correct?
I	✅
II	✅
III	✅

➡️ All three statements are correct

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🎯 Final Answer

✅ Correct Answer: (d) I, II and III

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📦 High-Value Prelims Add-Ons (Info Box)

🧠 One-Line Memory Hook

Governor gets immunity; legislators get privilege.

⚠️ UPSC Trap Alert

• Don’t confuse:

• Personal immunity (Governor/President)
• With institutional accountability (government actions)

📌 Articles to Lock

Article 194(2) → State Legislature privileges

Article 361 → President & Governor immunities

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