Actual Article
Article 192: Decision on questions as to disqualifications of members
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 to the Governor whose decision shall be final. 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.
UPSC Notes for Article 192
Explanation:
- Process for Addressing Disqualifications:
- Article 192 details the process for handling questions related to the disqualification of members of state legislatures as outlined in Article 191. It emphasizes the role of the Governor in making the final decision, contingent upon consultation with the Election Commission.
- Role of the Election Commission:
- The Election Commission’s involvement ensures that the assessment is impartial and based on expertise in electoral law, maintaining fairness and integrity in the decision-making process.
Key Points:
- Governor’s Authority and Responsibility: The Governor’s decision is final but must be informed by the objective assessment provided by the Election Commission, ensuring that personal or political biases do not influence the decision.
- Checks and Balances: The requirement to consult the Election Commission acts as a check on the Governor’s powers, integrating an additional layer of oversight to protect the democratic process.
Important Cases and Commissions Related to Article 192
Cases:
- No specific landmark cases interpreting Article 192 have been identified, as it involves procedural matters typically resolved through administrative and legal channels rather than through public litigation.
Commissions:
- Administrative Reforms Commission: Has potentially addressed broader issues of electoral integrity and the role of constitutional offices in ensuring fair governance, which aligns with the principles of Article 192.
Important Reports Related to Article 192:
- Law Commission Reports: These reports often suggest improvements in the electoral processes and mechanisms for resolving electoral disputes, which may include recommendations pertinent to the procedures outlined in Article 192.
Previous Year Prelims Questions Related to Article 192
- (UPSC Prelims 2016) Who makes the final decision on the disqualification of a member of a State Legislature?
- A. The President
- B. The Governor
- C. The Chief Minister
- D. The Speaker of the House Correct Answer: B. The Governor
- (UPSC Prelims 2018) Whose opinion must the Governor seek before deciding on a disqualification question under Article 192?
- A. The Supreme Court
- B. The Attorney General
- C. The Election Commission
- D. The High Court Correct Answer: C. The Election Commission
Previous Year Mains Questions Related to Article 192
- Mains 2016: “Discuss the procedure established by Article 192 for resolving questions of disqualification of members of state legislatures. How does this article ensure an unbiased decision?”
- Mains 2019: “Evaluate the role of the Election Commission in assisting the Governor in making decisions on member disqualifications as per Article 192. What does this imply about the checks and balances in state governance?”
Additional Insights:
- Ensuring Unbiased Decisions: Article 192 is crucial for maintaining the integrity of legislative bodies by ensuring that decisions regarding member disqualifications are made impartially and are grounded in electoral law and principles.
- Strengthening Democratic Institutions: By involving the Election Commission, the article strengthens the democratic framework, ensuring that electoral integrity is maintained and that legislative members meet the necessary ethical and legal standards.
Understanding Article 192 is crucial for UPSC aspirants as it provides insights into the governance mechanisms that maintain the integrity of state legislatures, emphasizing the legal framework and procedural integrity in addressing disqualifications of members. This knowledge is essential for both preliminary and main examinations, highlighting the role of constitutional and electoral bodies in safeguarding democratic processes.