📜 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:
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Disqualification matters after election are decided by the Governor.
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The Governor cannot act independently; he/she must consult the Election Commission.
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Ensures impartiality by involving the constitutional authority (ECI).
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This Article prevents political misuse by putting a legal framework in place.
⚠️ Real-World Use:
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Often used in cases involving:
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Office of profit
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Dual membership
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Foreign citizenship
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Criminal conviction
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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 |
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