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Question

Who decides the disqualification of members of the State Legislative Assembly, for matters other than those in the Tenth Schedule of the Constitution of India?

The correct answer is

Governor

When considering the disqualification of members of the State Legislative Assembly for reasons other than those outlined in the Tenth Schedule (which deals with defection), the decision-making authority rests with the Governor. Here's a breakdown:   

 

 

Governor's Role:

  • The Governor is responsible for deciding on questions of disqualification for reasons other than defection.   
  • However, the Governor does not make this decision independently. They are required to obtain the opinion of the Election Commission of India and must act accordingly.   

Key Points:

  • The Tenth Schedule (Anti-Defection Law) is a separate matter. Disqualifications under this schedule are decided by the Speaker of the Legislative Assembly.
  • For other disqualification matters, such as holding an office of profit, unsoundness of mind, or insolvency, the Governor, in consultation with the Election Commission, makes the final decision.   

Therefore, the correct answer is the Governor.

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The correct answer is

Governor

Correct Answer: Governor

📘 Detailed Explanation:

The Constitution of India provides for the disqualification of a Member of the State Legislative Assembly (MLA) under two broad categories:

🔹 1. Disqualification under Articles 191 and 192

These deal with disqualification on grounds other than defection, such as:

  • Holding an office of profit under the government
  • Unsound mind, as declared by a court
  • Undischarged insolvent
  • Not being a citizen of India, or having voluntarily acquired citizenship of another country

👉 Who decides this?

As per Article 192 of the Constitution:

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 Article 191, the question shall be referred to the Governor of the state for decision, and his decision shall be final.

🔹 However, the Governor must act according to the opinion of the Election Commission of India.

So, although the Governor is the formal authority, he does not act independently; he is bound to act on the opinion given by the Election Commission of India.

🔹 2. Disqualification under the Tenth Schedule (Anti-Defection Law)

This covers disqualification on grounds of defection.

👉 Who decides this?

Under Paragraph 6(1) of the Tenth Schedule:

The Speaker of the Legislative Assembly is the authority to decide on disqualification due to defection.

❗ Important Points:

Type of DisqualificationConstitutional ProvisionDecision Authority
On grounds like office of profit, dual citizenship, insolvency, unsound mindArticle 191 & 192Governor (on EC's advice)
On grounds of defection (switching parties, etc.)Tenth ScheduleSpeaker of the Assembly

🚫 Why Other Options Are Incorrect:

  • Chief Minister: Has no constitutional role in disqualification decisions.
  • High Court: Can only review the decisions made; not the primary authority to decide.
  • State Election Commission: Deals with local body elections, not MLA disqualifications.
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The correct answer is

Governor

Correct Answer: Governor

Detailed Explanation:

1. Constitutional Provisions

  • Article 192(1) of the Indian Constitution states that if any question arises on the disqualification of an MLA, the Governor shall decide it after consulting the Election Commission (EC).
  • Exception: Disqualification under the Tenth Schedule (Anti-Defection Law) is decided by the Speaker/Chairman of the House.

2. Role of Authorities

AuthorityJurisdiction
GovernorDecides disqualification except under Tenth Schedule (after EC's opinion).
SpeakerDecides only disqualification under Tenth Schedule (Anti-Defection).
High CourtCan judicially review the Governor’s decision but cannot decide disqualification directly.
State Election CommissionConducts elections but has no role in disqualification.

3. Process of Disqualification

  • A complaint is filed against an MLA (e.g., for holding an office of profit or unsound mind).
  • The Governor refers the matter to the Election Commission for advice.
  • The EC investigates and submits its binding recommendation.
  • The Governor issues the final order.

4. Judicial Review

  • The Governor’s decision can be challenged in the High Court/Supreme Court under Article 226/32.
  • Landmark Case: Brunda Banerjee vs. State of W.B. (2015) – Courts upheld the Governor’s authority but stressed EC’s opinion must be fair.

5. Why Not Other Options?

  • Chief Minister: No constitutional role in disqualification.
  • High Court: Only reviews decisions; does not decide.
  • State Election Commission: Advises but Governor takes final call.

Final Answer:

Governor (Decides disqualification after consulting Election Commission, except for Anti-Defection cases.)

Did You Know?
In 2023, the Supreme Court ruled that Governors must act promptly on EC’s advice (e.g., Keisham Meghachandra Singh vs. Manipur Speaker case).

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Important Questions from Judiciary

  1. Who took oath as the 49 th Chief Justice of India in August 2022?

  2. The Supreme Court has declared access to the internet a fundamental right under Article ______ of the Indian Constitution.

  3. Which of the following jurisdictions of the Supreme Court allows it to settle disputes between the centre and state and amongst states?

  4. A judge of the Supreme Court can be removed only on the grounds of ______.

  5. Which of the following is NOT correct about the jurisdiction of the High Court?

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