(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.

Debate Summary

Draft Article 167A (Article 192) was debated on 14th June 1949. It authorized the Governor to make the final decision on disqualification of a member, subject to the opinion of the Election Commission.

 

The Draft Article was not included in the Draft Constitution, 1948.  A member of the Drafting Committee proposed the insertion of Draft Article 167A, which authorized the Governor, acting on the recommendation of the Election Commission, to make the final decision on disqualification. One member supported this amendment, contending that it would be improper for the Speaker to be in a position of conflict with a member due to their involvement in any investigation.

 

The Chairman of the Drafting Committee also supported choosing the Governor as the final authority on disqualification, but pointed out that some of the grounds of disqualification under Draft Article 167 (Article 191) were outside the purview of the Election Commission. To address the issue, he proposed the insertion of the following as Draft Article 167A:

‘167-A. (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 last preceding article, 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.'

 

This amendment was adopted without any debate. Draft Article 167A was adopted on 14th June 1949.