Decision on Questions as to Disqualifications of Members
Official heading: “Decision on questions as to disqualifications of members.”
- Source edition
- The Constitution of India (as on 1 May 2026)
- Source locator
- Part VI, Article 192, printed pages 86–87
- Last human source-link check
- Not yet checked
- Last human legal review
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1. In One Sentence
Article 192 mandates that questions regarding the disqualification of an MLA or MLC under Article 191(1) shall be referred to the Governor, whose decision based on the binding opinion of the Election Commission is final.
2. What It Means in Everyday Language
Article 192 establishes the constitutional dispute-resolution forum when an MLA or MLC is alleged to have incurred any disqualification under Article 191(1).
Presidential Parallel: The mechanism exactly mirrors Article 103 for MPs. The question is referred to the Governor, whose formal decision is constitutionally declared final.
Binding Role of Election Commission: Under Clause (2), the Governor does not act on Cabinet advice; instead, the Governor is constitutionally bound to refer the question to the Election Commission of India and act strictly according to the Commission's opinion.
Crucial Exclusion: Article 192 applies exclusively to disqualifications under Article 191(1) (such as office of profit or criminal conviction). Disqualifications under the Anti-Defection Law (Article 191(2) and the Tenth Schedule) are decided by the Speaker or Chairman of the House, NOT the Governor.
3. Practical Illustrative Example
A petition alleges that an elected MLA holds an undisclosed office of profit.
4. Important Limits, Qualifications & Exceptions
Article 192 provides an impartial quasi-judicial mechanism for determining legislative disqualifications.
- Governor acts on the binding opinion of the Election Commission, not Cabinet advice.
- Quasi-judicial inquiry ensures evidence-based factual determinations.
- Strict boundary: Excludes Tenth Schedule defection disputes handled by the Speaker.
- Subject to limited constitutional judicial review.
5. Operative Constitutional Text
6. Sources & Historical Assembly Deliberations
Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.
- •Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 192, printed pages 86–87 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.