Article 192 of Constitution of India – Decision on questions as to disqualifications of members.
Article 192 of Constitution of India deals with Decision on questions as to disqualifications of members.
Original Text of Article 192 of Constitution of India
(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.
Questions related to Article 192 of Constitution of India
Article 192 deals with how questions regarding the disqualification of a sitting member of a State Legislature are decided, as per the Constitution of India.
The Governor of the State decides the matter, but only after obtaining the opinion of the Election Commission, making the process legally sound under the Articles of Indian Constitution.
No, the Governor must act according to the opinion of the Election Commission. This legal requirement has been upheld in several rulings documented on Indian Kanoon.
Disqualifications may include holding an office of profit, criminal conviction, unsound mind, or loss of citizenship, all as detailed in Article 191 and related laws of the Indian Constitution.
You can visit Indian Kanoon to access judgments and Election Commission rulings that interpret and apply Article 192 of the Indian Constitution in real-life disqualification cases.
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