Q. Who decides the disqualification of members of State Legislative Assembly, for matters other than those in the tenth schedule of the Constitution ?
a) Governor
b) Speaker Legislative Assembly
c) State Election Commission
d) High Court
Question from BPSC PT 70, 2024
Correct Answer: d) High Court
Explanation: The disqualification of members of a State Legislative Assembly, for matters other than those covered under the Tenth Schedule (which deals with anti-defection), is decided by the High Court.
1. Tenth Schedule: The Tenth Schedule of the Constitution deals with disqualification on the grounds of defection. In such cases, the decision is made by the Speaker of the Legislative Assembly or the Chairman of the Legislative Council, as applicable.
2. Other Disqualifications: For disqualifications not related to defection (e.g., holding an office of profit, unsound mind, insolvency, or not meeting eligibility criteria), the matter is adjudicated by the judiciary. Specifically, the High Court has the jurisdiction to decide such cases.
3. Constitutional Provision: Article 191 of the Indian Constitution specifies the grounds for disqualification of a member of the State Legislature. If there is any dispute regarding these grounds (other than defection), it is taken to the High Court.
Thus, the correct answer is High Court.