UPSC Prelims 2018 · Question 41 of 99
UPSC Prelims 2018 question on Governor Immunity Criminal Proceedings
- ExamUPSC CSE
- Year2018
- PaperGeneral Studies Paper I
- SubjectPolity
- TopicBasic Concepts of Constitution
- DifficultyEasy
- TypeStatement
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?
Show answer
Answer: C. Both 1 and 2
Verdict
Both statements are correct, so the answer is (c) Both 1 and 2.
Statement by statement
Statement 1 is CORRECT. Like the President, the Governor enjoys a set of privileges and immunities, and during his term of office he is immune from any criminal proceedings, even in respect of his personal acts.
Statement 2 is CORRECT. The Governor is entitled to such emoluments, allowances and privileges as Parliament may determine, and these emoluments and allowances cannot be diminished during his term of office.
Source
Indian Polity by M. Laxmikanth, chapter on the Governor.
How to crack it
The governing idea is that the Governor's office mirrors the President's on immunities and service conditions, so if you can recall the position for the President you can transfer it. Both protections exist to insulate the office from pressure, one from prosecution and the other from financial squeeze by the legislature. The same non-diminution rule covers judges of the Supreme Court and High Courts and the Comptroller and Auditor General, so learn the whole family together rather than one office at a time.