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With reference to Article 361 of the constitution, consider the following statements
The Governor is not answerable to any Court for the exercise and performance of the powers and duties under the Constitution.
No criminal proceedings can be instituted against the Governor during his term of office.
Civil proceedings cannot be initiated against the Governor for the acts done in his personal capacity even after expiration of his term.
How many of the above statements is/ are correct?
Only One
Only Two
All Three
None
Only statements 1&2 are correct.
Statement 1 is correct: Article 361 of the Constitution that deals with immunity to the President and the Governors states that they “shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties.
Statement 2 is correct: Article 361 has provisions which has two crucial sub-clauses: that no criminal proceedings whatsoever shall be initiated or continued against the President, or the Governor of a State, in any court during the term of his office.
No process for the arrest or imprisonment of the President, or the Governor of a State, shall be issued from any court during his term of office.
Statement 3 is incorrect: No civil proceedings against the President or the Governor be instituted during his term of office in any court in respect of acts done by him in his personal capacity, whether before or after he entered upon his office, until the expiration of two months after notice has been delivered to him.
Hence option 2nd is correct.
By: Shubham Tiwari ProfileResourcesReport error
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