With reference to the immunities provided to the President of India and State Governors under Article 361 of the Constitution, consider the following statements:
1. No criminal proceedings whatsoever can be instituted or continued against them in any court during their tenure.
2. No court can issue an order for the arrest or imprisonment of the President or a Governor during their term of office.
3. Civil proceedings cannot be initiated against them under any circumstances during their term of office for acts done in their personal capacity.
Which of the statements given above are correct?

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Accepted Answer

According to Article 361 of the Constitution, the President and Governors enjoy immunities. No criminal proceedings can be instituted or continued in any court during their term (Statement 1 is correct). No process for their arrest or imprisonment can be issued by any court during their tenure (Statement 2 is correct). However, civil proceedings can be instituted against them during their term for personal acts after giving two months' prior notice, meaning they can be initiated under specific conditions (Statement 3 is incorrect).

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