In the Indian Constitution, the question of disqualification of a member of a State Legislature is decided by the Governor after consulting which constitutional authority?

Difficulty: Easy

Correct Answer: Election Commission

Explanation:


Introduction / Context:
The Indian Constitution lays down a detailed framework for deciding when an elected representative can be disqualified from the legislature. For members of a State Legislature, it is important to know who gives the final decision when questions of disqualification arise. This question tests your understanding of the special constitutional mechanism in which the Governor does not act on personal discretion but follows the opinion of an independent constitutional body. Knowing this relationship between the Governor and the Election Commission helps aspirants understand how neutrality and fairness in democratic processes are maintained in India.


Given Data / Assumptions:

  • The question is about disqualification of a member of a State Legislature.
  • The decision is formally taken by the Governor of the State.
  • The Governor is required to consult a specific constitutional authority before deciding.
  • The options given include key offices and institutions such as the Chief Minister, Supreme Court, Election Commission, and Public Service Commission.
  • We assume the context of Articles 191 and 192 of the Constitution of India.


Concept / Approach:
The relevant provision is Article 192 of the Constitution of India. It clearly states that if any question arises as to whether a member of a House of the Legislature of a State has become subject to any disqualification, the question shall be referred to the Governor, whose decision shall be final. However, the Governor is constitutionally bound to obtain the opinion of the Election Commission of India and act according to that opinion. This ensures that the decision is not political or arbitrary but based on the independent and expert view of the Election Commission, which is entrusted with safeguarding the integrity of elections and eligibility of candidates.


Step-by-Step Solution:
Step 1: Identify the constitutional article that deals with disqualification of State legislators; it is Article 192.Step 2: Recall the wording of Article 192, which states that such questions are decided by the Governor.Step 3: Note that the Governor is required to obtain the opinion of the Election Commission of India on the question.Step 4: Understand that the Governor is not free to ignore this opinion; in practice, the Governor follows the Election Commission's advice.Step 5: Compare the options and identify 'Election Commission' as the constitutional authority whose opinion guides the Governor's decision.


Verification / Alternative check:
An alternative way to verify this is to compare with the provisions regarding disqualification of Members of Parliament, which also involve the President acting on the opinion of the Election Commission. This parallel structure between the Union and the States indicates a deliberate constitutional design to keep decisions about eligibility and disqualification outside day-to-day politics. Standard polity textbooks and bare acts of the Constitution repeat that the Governor decides disqualification issues for State legislators only after consulting the Election Commission, confirming that 'Election Commission' is the correct answer.



Why Other Options Are Wrong:

  • Chief Minister: The Chief Minister heads the Council of Ministers, but has no constitutional role in deciding disqualifications of legislators under Article 192. Involving the Chief Minister would compromise neutrality.
  • Supreme Court: While the Supreme Court can review constitutional questions through judicial review, it is not the primary body consulted by the Governor under Article 192.
  • Public Service Commission: State Public Service Commissions deal with recruitment and related service matters, not with disqualification of elected legislators.


Common Pitfalls:
Candidates sometimes assume that the Governor can decide independently or with the advice of the Council of Ministers. Others confuse the Supreme Court's power of judicial review with the formal consultative process mentioned in the Constitution. It is also common to mix up the role of the Election Commission with the Public Service Commission because both are constitutional bodies. Remember that the Election Commission is specifically concerned with elections, recognition of parties, and eligibility of candidates, which naturally extends to questions of disqualification under election law and constitutional provisions.



Final Answer:
The Governor of a State decides questions of disqualification of State legislators only after obtaining and effectively following the opinion of the Election Commission.

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