Who decides the disqualification of members of State Legislative Assembly, for matters other than those in the Tenth Schedule of the Constitution?
(A) Governor of the State
(B) State High Court
(C) Speaker, Legislative Assembly
(D) State Election Commission
The correct answer is (A) Governor of the State.
Explanation ⚖️
The process for deciding the disqualification of a member of a State Legislative Assembly is laid out in the Constitution of India, and it differs based on the reason for disqualification.
The question specifically excludes matters under the Tenth Schedule (Anti-Defection Law). For all other matters of disqualification, such as holding an office of profit, being of unsound mind, or not being a citizen of India, the procedure is governed by Article 192 of the Constitution.
According to Article 192, the process is as follows:
- The question of a member’s disqualification is referred to the Governor of the state.
- Before making a decision, the Governor must obtain the opinion of the Election Commission of India (ECI).
- The Governor is bound to act according to the opinion of the ECI.
Although the Governor is bound by the ECI’s opinion, the final decision-making authority rests with the Governor.
Analysis of Other Options
- (B) State High Court: The High Court does not have the original jurisdiction to decide on this matter, although its power of judicial review may be invoked to challenge the Governor’s final order.
- (C) Speaker, Legislative Assembly: The Speaker’s authority is limited to deciding on disqualification cases that fall under the Tenth Schedule (Anti-Defection Law), which is explicitly excluded by the question.
- (D) State Election Commission: The Governor seeks the opinion of the Election Commission of India, not the State Election Commission. Furthermore, the ECI’s role is advisory (though binding), not decisional.