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?
Contents17
- A1 only
- B2 only
- CBoth 1 and 2
- DNeither 1 nor 2
Show answer
Answer: (C) Both 1 and 2
Correct Answer: (c) Both 1 and 2
Both statements are correct:
Statement 1 is CORRECT: The Governor enjoys criminal immunity during his/her term of office.
No criminal proceedings can be started against a sitting Governor in any court, even for personal acts done before becoming Governor.
This is similar to the immunity enjoyed by the President of India (Article 361).
Statement 2 is CORRECT: The emoluments (salary), allowances, and privileges of the Governor are determined by Parliament through law.
These cannot be reduced during the Governor's term of office — similar to how a judge's salary cannot be reduced during their tenure.
This protects the Governor's independence.
REMEMBER:
Governor's immunity = no criminal cases during term (like the President).
Governor's salary = fixed by Parliament, cannot be diminished during the term.
Both protections ensure the Governor can function without fear or pressure.
Article 361 grants criminal immunity to both the President and Governor during their term of office, preventing any criminal proceedings against them in any court.
The Governor's salary protection mirrors judicial independence - just as judges' salaries cannot be reduced during tenure, the Governor's emoluments are constitutionally protected from diminishment.
UPSC is testing whether students can distinguish between different types of immunity and financial protections available to constitutional functionaries.
Governor's Immunity and Privileges
Indian Polity criminal proceedings Governor term of office
Governor's Constitutional Immunity & Privileges: Article 361
Criminal immunity during term - no proceedings can be instituted against sitting Governor
Emoluments protection - salary and allowances cannot be diminished during term
Immunity covers personal acts done before becoming Governor
Protection ensures independence from pressure and interference
Constitutional Basis
Article 361 provides immunity to both the President and Governor. This ensures the executive head can function without fear of legal harassment during their constitutional tenure.
Governor's Immunities vs Protections
Type | Scope | Duration | Constitutional Provision |
|---|---|---|---|
Criminal Immunity | No criminal proceedings in any court | During term of office only | Article 361(1) |
Civil Immunity | Limited - only for official acts | During term of office only | Article 361(1) |
Emoluments Protection | Salary/allowances cannot be reduced | During term of office | Article 158(3) |
Key Features of Immunity
Criminal immunity is absolute - covers all criminal matters, even personal acts before appointment
Civil immunity is limited - only for official acts performed as Governor
No arrest or imprisonment possible during term for any criminal case
After term ends, criminal proceedings can be instituted for acts done before or during governorship
Parliament determines emoluments through law, state legislature has no role
Question Context
This 2018 UPSC question tested both criminal immunity (Statement 1) and emoluments protection (Statement 2). Both are correct constitutional provisions under Article 361, making option C the right answer.
Trap: Confusing civil and criminal immunity - criminal is absolute, civil is only for official acts
Trap: Thinking immunity continues after term ends - it's only during the term of office
Trap: Assuming state legislature fixes Governor's salary - only Parliament can do this
Trap: Mixing up President's and Governor's immunity provisions - both are under Article 361 but have subtle differences
Governor's Salary and Emoluments
Indian Polity emoluments allowances diminished
Governor's Emoluments: Determination & Protection
Parliament determines Governor's salary through law, not state legislature
Cannot be diminished during term of office - constitutional protection
Current salary: ₹3.5 lakh per month (as per Second Schedule)
Constitutional Framework
Article 158(3) ensures Governor's financial independence by prohibiting reduction in emoluments during term. This mirrors the protection given to judges under Article 125 - both are meant to prevent pressure through financial means.
Emoluments Framework
Aspect | Provision | Authority | Article |
|---|---|---|---|
Determination | Fixed by Parliament through law | Parliament only | Article 158(2) |
Protection | Cannot be diminished during term | Constitutional guarantee | Article 158(3) |
Current Amount | ₹3.5 lakh per month | Second Schedule | Schedule II |
Allowances | Includes official residence, staff, travel | Determined by Parliament | Article 158(2) |
Key Points
State legislature has no role in determining Governor's emoluments
Emoluments include salary, allowances, privileges, and perquisites
Protection applies to both salary and allowances during the term
Free official residence and other facilities are part of emoluments package
Trap: Thinking state legislature determines Governor's salary - only Parliament has this power
Trap: Assuming emoluments can be increased but not decreased - Constitution only prohibits diminishment
Trap: Confusing with President's salary determination - both follow same principle under respective articles
Article 361 - Constitutional Immunity
Indian Polity Article 361
Article 361: Immunity of President & Governor
Article 361 provides immunity to both President and Governor
Criminal immunity is absolute during term for both offices
Civil immunity is limited to official acts only
Purpose: Ensure fearless discharge of constitutional duties
Constitutional Design
Article 361 embodies the principle that executive heads must be protected from legal harassment to maintain the dignity and effectiveness of their constitutional office. This immunity is temporary and office-specific.
Article 361 Immunity Comparison
Office | Criminal Immunity | Civil Immunity | Duration |
|---|---|---|---|
President | Absolute during term | Only for official acts | During term of office |
Governor | Absolute during term | Only for official acts | During term of office |
Judges | No special criminal immunity | Immunity for judicial acts | During tenure + after retirement |
Immunity Application Process
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Case Filed**
Criminal/civil case attempted against President/Governor`"]
s2["`**Constitutional Check**
Court examines if Article 361 immunity applies`"]
s3["`**Criminal Case**
If criminal - proceedings stayed until term ends`"]
s4["`**Civil Case**
If civil - check if act was official or personal`"]
s5["`**Final Decision**
Official acts immune, personal acts can proceed (civil only)`"]
s1 --> s2
s2 --> s3
s3 --> s4
s4 --> s5Trap: Thinking Article 361 gives permanent immunity - it's only during the term
Trap: Assuming all civil cases are barred - only official acts are protected in civil matters
Trap: Mixing with judicial immunity - judges have different immunity provisions
Constitutional Office Holders' Protections
Indian Polity
Constitutional Protections for Key Office Holders
Salary protection common to President, Governor, and Judges
Criminal immunity limited to President and Governor only
Purpose: Ensure independence from legislative/executive pressure
Design Philosophy
The Constitution provides multiple layers of protection to key office holders to ensure their independence and impartiality. These protections prevent misuse of legislative or executive power to influence constitutional functionaries.
Comparative Protections
Office | Salary Protection | Criminal Immunity | Removal Process | Article |
|---|---|---|---|---|
President | Cannot be diminished | Yes, during term | Impeachment by Parliament | Articles 61, 361 |
Governor | Cannot be diminished | Yes, during term | Pleasure of President | Articles 156, 361 |
Supreme Court Judge | Cannot be diminished | No special immunity | Impeachment by Parliament | Articles 124, 125 |
High Court Judge | Cannot be diminished | No special immunity | Impeachment by Parliament | Articles 217, 125 |
Types of Constitutional Protections
# Constitutional Protections
## Financial Security
- Fixed salary during term
- No reduction allowed
- Parliament determines amount
## Legal Immunity
- Criminal immunity (President/Governor)
- Civil immunity for official acts
- Judicial immunity for court proceedings
## Tenure Security
- Fixed term (President)
- Pleasure doctrine (Governor)
- Till age 65 (Judges)Trap: Assuming all constitutional office holders have criminal immunity - only President and Governor
Trap: Thinking judges have no immunity - they have judicial immunity for court acts, different from criminal immunity
Trap: Confusing salary protection scope - applies to all major constitutional offices