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?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2018, Q33

Contents17
UPSC Prelims GS2018Indian Polity
  1. A1 only
  2. B2 only
  3. CBoth 1 and 2
  4. DNeither 1 nor 2
Show answer

Answer: (C) Both 1 and 2

Correct Answer: (c) Both 1 and 2

Both statements are correct:

  1. 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).

  2. 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.

Why this was asked

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

Must know

Criminal immunity during term - no proceedings can be instituted against sitting Governor

Emoluments protection - salary and allowances cannot be diminished during term

Good to know

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.

Exam traps

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

Must know

Parliament determines Governor's salary through law, not state legislature

Cannot be diminished during term of office - constitutional protection

Good to know

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

Exam traps

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

Must know

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

Good to know

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 --> s5
Exam traps

Trap: 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

Must know

Salary protection common to President, Governor, and Judges

Criminal immunity limited to President and Governor only

Good to know

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)
Exam traps

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