Who decides the disqualification of members of a State Legislative Assembly for matters other than those in the Tenth Schedule of…

Indian Polity ·Previously asked in BPSC CCE 2024

View the full solved paper: GS 2024 (Series G)

Question

Who decides the disqualification of members of a State Legislative Assembly for matters other than those in the Tenth Schedule of the Constitution?

  1. A. Governor (Correct answer)
  2. B. Speaker of the Legislative Assembly
  3. C. State Election Commission
  4. D. High Court

Correct Answer

Option A — Governor

Detailed Solution & Explanation

The correct answer is Governor.

Key Points

  • For questions of disqualification of a member of a State Legislative Assembly on grounds OTHER than those in the Tenth Schedule (anti-defection), the Governor takes the decision under Article 192 — but he must do so in accordance with the opinion of the Election Commission of India, whose opinion is binding on him.
  • So for non-Tenth-Schedule matters, the deciding authority is the Governor, making option (A) correct.

Additional Information

  • disqualifications under the Tenth Schedule (defection) are decided by the Speaker/Chairman, whereas other disqualifications (office of profit, unsound mind, etc.) fall under Article 192 and go to the Governor (acting on the ECI's opinion).