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What is Article 192 of indian constitution

 

📜 Article 192 of the Indian Constitution

Title: Decision on questions as to disqualifications of members


🔹 Text Summary:

Article 192 lays down the procedure to decide disputes related to the disqualification of a Member of the State Legislature (MLA or MLC) after being elected.


📌 Clause-wise Breakdown:

Clause Provision
(1) If any question arises as to whether a member of the Legislative Assembly or Council has become subject to disqualification (under Article 191), the Governor shall decide the matter.
👉 But the Governor must obtain the opinion of the Election Commission of India and act according to that opinion.
(2) The decision of the Governor is final, and such matters cannot be challenged in the legislature.
👉 Only judicial review in a court of law is allowed, not legislative action.

🧠 Key Takeaways:

  • Disqualification matters after election are decided by the Governor.

  • The Governor cannot act independently; he/she must consult the Election Commission.

  • Ensures impartiality by involving the constitutional authority (ECI).

  • This Article prevents political misuse by putting a legal framework in place.


⚠️ Real-World Use:

  • Often used in cases involving:

    • Office of profit

    • Dual membership

    • Foreign citizenship

    • Criminal conviction

  • Example: Disqualification of MLAs in Delhi or Maharashtra for holding office of profit has been adjudicated under Article 192.


⚖️ Related Articles:

Article Subject
191 Grounds for disqualification of State Legislators
192 Governor’s role in deciding disqualification
103 Similar provision for Members of Parliament
193 Penalty for sitting or voting while disqualified