Article 192 of the Costitution of India with Case law
Article 192 of the Constitution of India
— Decision on questions as to disqualifications of members
📜 Text of Article 192:
(1) 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 for the decision of the Governor, and his decision shall be final.
(2) 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.
🧾 Key Provisions Explained:
Purpose: Deals with the disqualification of a sitting member of the State Legislative Assembly or Council.
Grounds for disqualification: Article 191(1) lists them — e.g., holding an office of profit, unsound mind, undischarged insolvency, etc.
The Governor decides if a sitting MLA/MLC is disqualified.
However, the Governor is bound by the opinion of the Election Commission — making it effectively final and binding.
Judicial review is possible if the Governor’s decision is mala fide or unconstitutional.
⚖️ Important Case Laws on Article 192:
🧑⚖️ 1. Election Commission of India v. Dr. Subramaniam Swamy
Citation: (1996) 4 SCC 104
Issue: Whether the Election Commission's opinion under Article 192 is binding on the Governor.
Held:
The Governor has no discretion.
The opinion of the Election Commission is binding on the Governor.
Significance: Reinforced that disqualification decisions must follow constitutional due process, not political considerations.
🧑⚖️ 2. Brundaban Nayak v. Election Commission of India
Citation: AIR 1965 SC 1892
Issue: Whether courts can review the Governor's decision under Article 192.
Held:
Though the decision is final, it is still subject to judicial review on grounds like mala fides or procedural violations.
Significance: Article 192 is not beyond judicial scrutiny.
🧑⚖️ 3. Raja Ram Pal v. Lok Sabha Speaker
Citation: (2007) 3 SCC 184
Though focused on Parliament (Article 103), the principles apply to Article 192:
Judicial review is not barred in cases of constitutional violations, even if the decision is labeled "final".
🧑⚖️ 4. P.D.T. Achary (Constitutional Expert) — In various expert commentaries:
Emphasized that the Governor's role is ceremonial under Article 192, as the real authority is the Election Commission.
🧠 Key Takeaways:
| Feature | Description |
|---|---|
| Applies To | Disqualification of sitting members of State Legislature |
| Decision by | Governor |
| Governor’s Role | Must act as per the opinion of the Election Commission |
| Binding Opinion | Election Commission's opinion is mandatory |
| Judicial Review | Allowed if the decision is mala fide or unconstitutional |
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