Constitution of India · Part VI: The States · Disqualifications of Members
Article 192: Decision on questions as to disqualifications of members
In plain words
If a question arises whether a member of a State Legislature has become disqualified under clause (1) of article 191, it is decided by the Governor, whose decision is final. The Governor must obtain the Election Commission's opinion and act according to it.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(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.]
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 192
- Keisham Meghachandra Singh v. The Hon’Ble Speaker Manipur Legislative Assembly & Ors.
- Shrimanth Balasaheb Patil v. Hon’Ble Speaker, Karnataka Legislative Assembly and Others
- Public Interest Foundation & Ors. v. Union of India & Anr.
- Election Commission of India v. Bajrang Bahadur Singh & Ors.
- Ashok Shankarrao Chavan v. Dr. Madhavrao Kinhalkar & Ors.
- Lily Thomas v. Union of India & Ors.
- State of Gujarat & Anr. v. Honble Mr. Justice R. A. Mehta (Retd) & Ors.
- Raja Ram Pal v. The Honble Speaker, Lok Sabha & Ors.
- Parkash Singh Badal and Anr. v. State of Punjab and Ors.
- Rameshwar Prasad and Ors. v. Union of India and Anr.
- K. Venkatachalam v. A. Swamickan and Anr.
- Election Commission of India v. Dr. Subramanian Swamy and Anr.
- Habibulla Khan v. State of Orissa and Anr.
- Kihoto Hollohan v. Zachillhu and Others
- S.P. Gupta & Ors. Etc. Etc. v. Union of India & Ors. Etc. Etc.
- Shamsher Singh & Anr v. State of Punjab
- Brundaban Nayak v. Election Commission of India and Another
- Election Commission, India v. Saka Venkata Subba Rao