Question

Q. The Question of disqualification of MLA (Legislative Assembly) for matters other than those in the Tenth Schedule is decided by:

• A. Speaker (of Legislative Assembly)
• B. President
• C. State Election Commission
• D. Governor

Answer 1

The correct option is D Governor

Explanation:

• On the question of whether a member has become subject to disqualification (other than Anti-defection law), the Governor’s decision is final. However, he should obtain the opinion of the Election Commission of India and act accordingly.
• The question of disqualification under the Tenth Schedule is decided by the Speaker (and not by the governor). In 1992, the Supreme Court ruled that the decision of the Speaker in this regard is subject to judicial review.