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Consider the following statements:
1. No criminal proceedings shall be instituted against the Governor of a State 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?
[2018]
  • a)
    1 only
  • b)
    2 only
  • c)
    Both 1 and 2
  • d)
    Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements:1. No criminal proceedings shall be ...
• Governor 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. He cannot be arrested or imprisoned
• His emoluments and allowances can not be diminished during his term of office. Thus both statements are right.
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Community Answer
Consider the following statements:1. No criminal proceedings shall be ...
Statement 1: No criminal proceedings shall be instituted against the Governor of a State any court during his term of office.

Statement 2: The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

Explanation:
To understand the correctness of the given statements, let's analyze them one by one:

Statement 1: No criminal proceedings shall be instituted against the Governor of a State any court during his term of office.

This statement is correct. According to Article 361 of the Indian Constitution, the Governor of a State enjoys immunity from criminal proceedings during his term of office. This immunity is granted to the Governor to ensure that he can discharge his duties without any fear or pressure.

Statement 2: The emoluments and allowances of the Governor of a State shall not be diminished during his term of office.

This statement is also correct. As per Article 158 of the Indian Constitution, the emoluments and allowances of the Governor of a State cannot be diminished during his term of office. This provision is made to ensure that the Governor's financial security is maintained and he is not influenced or pressurized by any reduction in his salary or perks.

Conclusion:
Both Statement 1 and Statement 2 are correct. The immunity from criminal proceedings and protection of emoluments and allowances are provided to the Governor of a State to ensure the smooth functioning of his office and to safeguard his independence.
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