Q41. Consider the following statements:
- No criminal proceedings shall be instituted against the Governor of a State in any court during his term of office.
- 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?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2
Answer: C
- Statement 1 is correct: The Governor is entitled to a number of privileges and immunities. He enjoys personal immunity from legal liability for his official acts. During his term of office, he is immune from any criminal proceedings, even in respect of his personal acts and cannot be arrested or imprisoned. However, after giving two months’ notice, civil proceedings can be instituted against him during his term of office in respect of his personal acts.
- Statement 2 is correct: A Governor holds office for a term of five years from the date on which he enters upon his office. He is entitled to such emoluments, allowances and privileges as may be determined by Parliament. His emoluments and allowances cannot be diminished during his term of office
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