Locked Classroom Explanation (Constitutional Immunities & Privileges)

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📌 The Question

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?

Options:
(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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🧑‍🏫 Constitutional Explanation — Statement-wise

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🔹 Statement I ✔️

Governor not answerable to any court for official acts

• Article 361(1) provides that the Governor shall not be answerable to any court for the exercise and performance of the powers and duties of the office.
• This immunity is personal, not institutional:
  • The actions of the State Government remain subject to judicial review.
  • But the Governor personally cannot be summoned or made liable.

✅ Statement I is correct.

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🔹 Statement II ✔️

Immunity from criminal proceedings during tenure

• Article 361(2) clearly states: No criminal proceedings whatsoever shall be instituted or continued against the Governor during his/her term of office.
• This is an absolute immunity during tenure:
  • Criminal cases may be initiated after demitting office.
  • Civil proceedings are also restricted, subject to notice requirements under Article 361(4).

✅ Statement II is correct.

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🔹 Statement III ✔️

Legislative privilege of freedom of speech

• Article 194(2) grants members of State Legislatures:
  • Absolute freedom of speech inside the House and its committees
  • Complete immunity from court proceedings for:
    • Anything said
    • Any vote given
• This protection ensures:
  • Fearless debate
  • Independence of the legislature

✅ Statement III is correct.

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📊 Quick Constitutional Mapping

Provision	Article	Nature
Governor’s immunity (official acts)	Art. 361(1)	Absolute (personal)
Criminal immunity of Governor	Art. 361(2)	Absolute during tenure
Legislative speech immunity	Art. 194(2)	Absolute inside House

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🎯 Final Answer

(d) I, II and III

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🧠 UPSC Memory Hook

Governor = Personal Immunity (361)
MLAs = Speech Immunity (194)