Article 192 of CoI : Article 192: Decision on questions as to disqualifications of members.

Explanation using Example

Example 1:

Scenario: A member of the Legislative Assembly (MLA) in the state of Maharashtra is accused of holding an office of profit, which is a disqualification under Article 191(1) of the Constitution of India.

Process:

1. Question Arises: A complaint is filed by another MLA alleging that the accused MLA is holding an office of profit.
2. Referral to Governor: The Speaker of the Legislative Assembly refers the question to the Governor of Maharashtra.
3. Governor's Action: The Governor seeks the opinion of the Election Commission of India on whether the accused MLA is indeed holding an office of profit.
4. Election Commission's Opinion: The Election Commission conducts an inquiry and provides its opinion to the Governor.
5. Governor's Decision: Based on the opinion of the Election Commission, the Governor decides that the accused MLA is disqualified from being a member of the Legislative Assembly.
6. Finality: The Governor's decision is final and binding.

Example 2:

Scenario: A member of the Legislative Council (MLC) in the state of Karnataka is alleged to have acquired foreign citizenship, which is a disqualification under Article 191(1) of the Constitution of India.

Process:

1. Question Arises: A public interest litigation (PIL) is filed in the High Court of Karnataka, questioning the MLC's eligibility due to alleged foreign citizenship.
2. Referral to Governor: The High Court directs the matter to the Governor of Karnataka for a decision.
3. Governor's Action: The Governor requests the opinion of the Election Commission of India on the matter.
4. Election Commission's Opinion: The Election Commission investigates the claim and submits its opinion to the Governor.
5. Governor's Decision: The Governor, acting on the Election Commission's opinion, decides that the MLC is disqualified from holding the position due to foreign citizenship.
6. Finality: The Governor's decision is final and cannot be challenged.

Example 3:

Scenario: A member of the Legislative Assembly (MLA) in the state of Tamil Nadu is accused of being of unsound mind, which is a disqualification under Article 191(1) of the Constitution of India.

Process:

1. Question Arises: A petition is submitted by a group of citizens to the Speaker of the Legislative Assembly, claiming that the MLA is of unsound mind.
2. Referral to Governor: The Speaker refers the question to the Governor of Tamil Nadu.
3. Governor's Action: The Governor seeks the opinion of the Election Commission of India regarding the mental fitness of the MLA.
4. Election Commission's Opinion: The Election Commission arranges for a medical examination and gathers evidence, then provides its opinion to the Governor.
5. Governor's Decision: Based on the Election Commission's opinion, the Governor decides that the MLA is disqualified due to being of unsound mind.
6. Finality: The Governor's decision is final and conclusive.

Example 4:

Scenario: A member of the Legislative Assembly (MLA) in the state of West Bengal is accused of being an undischarged insolvent, which is a disqualification under Article 191(1) of the Constitution of India.

Process:

1. Question Arises: A financial institution files a complaint with the Speaker of the Legislative Assembly, alleging that the MLA is an undischarged insolvent.
2. Referral to Governor: The Speaker refers the question to the Governor of West Bengal.
3. Governor's Action: The Governor seeks the opinion of the Election Commission of India on the matter.
4. Election Commission's Opinion: The Election Commission reviews the financial records and legal status of the MLA and provides its opinion to the Governor.
5. Governor's Decision: Acting on the Election Commission's opinion, the Governor decides that the MLA is disqualified due to being an undischarged insolvent.
6. Finality: The Governor's decision is final and binding.