Law4u - Made in India

What is Constitution Of India Article 192?

Answer By law4u team

{4}Constitution of India Article 192: Decision on Questions as to Disqualifications of Members

(1) If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of article 191, the question shall be referred for the decision of the Governor and his decision shall be final.

(2) Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.

Note

4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 33, for art. 192 (w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 25, for art. 192 (w.e.f. 20-6-1979).

Brief Detail

Article 192 specifies the procedure to be followed when a question arises regarding the disqualification of a member of the State Legislature. The decision on the disqualification is to be made by the Governor, whose decision is final. However, the Governor must first seek the opinion of the Election Commission before making any decision.

Question & Answers

Who decides if a member is disqualified in a State Legislature?

The Governor of the State is responsible for deciding whether a member has become subject to disqualification as mentioned in Article 191. The Governor’s decision is final in this matter.

Is there any procedure before the Governor makes the decision?

Yes, before making a decision, the Governor must obtain the opinion of the Election Commission and act according to its opinion.

Example

For example, if a question arises about whether a member of the State Legislature holds an office of profit (which is a disqualification under Article 191), the matter will be referred to the Governor. Before making a final decision, the Governor will consult the Election Commission for its opinion and will follow its advice.

Summary

Article 192 ensures that any issues regarding the disqualification of a member are handled with the involvement of the Election Commission, adding a layer of checks and balances. The Governor's decision on such matters is final, ensuring clear authority on the matter.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Vishal Shridhar Awachar

Advocate Vishal Shridhar Awachar

Cheque Bounce, Anticipatory Bail, Consumer Court, Court Marriage, Cyber Crime, Criminal, Customs & Central Excise, Divorce, Domestic Violence, Family, Insurance, Labour & Service, Motor Accident, Succession Certificate, Recovery, Civil, Breach of Contract, Bankruptcy & Insolvency, Banking & Finance, Wills Trusts, Patent

Get Advice
Advocate Mohammad Akleem

Advocate Mohammad Akleem

Anticipatory Bail, Armed Forces Tribunal, Civil, Consumer Court, Criminal, Cyber Crime, Family, High Court, Labour & Service, Landlord & Tenant, Muslim Law, Property, R.T.I, Recovery, Revenue, Court Marriage, Divorce, Documentation

Get Advice
Advocate Sharik

Advocate Sharik

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Breach of Contract, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Insurance, Labour & Service, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, NCLT, Patent, R.T.I, Recovery, Succession Certificate, Trademark & Copyright, Wills Trusts

Get Advice
Advocate Govind Singh Kushwaha

Advocate Govind Singh Kushwaha

Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Divorce, GST, Domestic Violence, Family, Landlord & Tenant, Motor Accident, Property, R.T.I, Recovery, Trademark & Copyright, Revenue

Get Advice
Advocate Gautam Kumar

Advocate Gautam Kumar

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Labour & Service, Landlord & Tenant, Recovery

Get Advice
Advocate Namburu Nageswararao

Advocate Namburu Nageswararao

High Court, Anticipatory Bail, Cyber Crime, Criminal, Family

Get Advice
Advocate Vipin Bahadur Singh

Advocate Vipin Bahadur Singh

Anticipatory Bail, Court Marriage, Cheque Bounce, Consumer Court, Civil, Arbitration, Criminal, Documentation, Family, Divorce, Domestic Violence, Motor Accident, Revenue, Recovery, Child Custody, Succession Certificate, R.T.I, Muslim Law, Property

Get Advice
Advocate Bharat Pandey

Advocate Bharat Pandey

Civil, Consumer Court, Criminal, GST, Cheque Bounce

Get Advice

The Constitution of India Related Questions

Discover clear and detailed answers to common questions about The Constitution of India. Learn about procedures and more in straightforward language.