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?
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:
Key Points:
Therefore, the correct answer is the Governor.
Governor
The Constitution of India provides for the disqualification of a Member of the State Legislative Assembly (MLA) under two broad categories:
These deal with disqualification on grounds other than defection, such as:
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.
This covers disqualification on grounds of defection.
Under Paragraph 6(1) of the Tenth Schedule:
The Speaker of the Legislative Assembly is the authority to decide on disqualification due to defection.
| Type of Disqualification | Constitutional Provision | Decision Authority |
|---|---|---|
| On grounds like office of profit, dual citizenship, insolvency, unsound mind | Article 191 & 192 | Governor (on EC's advice) |
| On grounds of defection (switching parties, etc.) | Tenth Schedule | Speaker of the Assembly |
Governor
| Authority | Jurisdiction |
|---|---|
| Governor | Decides disqualification except under Tenth Schedule (after EC's opinion). |
| Speaker | Decides only disqualification under Tenth Schedule (Anti-Defection). |
| High Court | Can judicially review the Governor’s decision but cannot decide disqualification directly. |
| State Election Commission | Conducts elections but has no role in disqualification. |
✅ 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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