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.
