Home The Constitution Part VI Article 192

Art. 192 Part VI: The States

Decision on Questions as to Disqualifications of Members

Exact text — Constitution of India

(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.

In Plain English

What this Article actually means

The state-level mirror of Article 103 — the Governor formally decides disputed non-defection disqualification questions, but MUST first obtain and act according to the Election Commission's opinion, making the Election Commission the real substantive decision-maker channeled through the Governor's formal authority.

Why This Matters To You

How it shows up in everyday life

This mirrors exactly the same structure as the Union-level equivalent — ensuring an independent, non-political body (the Election Commission) makes the real determination, even though the Governor formally issues the decision.

Read alongside this one

Art. 103 — Decision on Questions as to Disqualifications of Members

Frequently Asked

Quick answers about Article 192

Can the Governor decide differently from the Election Commission's opinion?

No — clause (2) requires the Governor to act 'according to' that opinion, making it effectively binding, just as at the Union level.

← PreviousArticle 191: Disqualifications for Membership Next →Article 193: Penalty for Sitting and Voting Before Making Oath or Affirmation Under Article 188 or When Not Qualified or When Disqualified

The text above reproduces Article 192 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.