Governor sitting on EC opinion is unethical – Ex. CEC

Governor sitting on EC opinion is unethical – Ex. CEC

Subject : Polity

Section: Parliament and State legislature

Concept :

• Jharkhand Governor Ramesh Bais being shifted to Maharashtra on Sunday, at least two former Chief Election Commissioners (CECs) said it was “unethical” and “unprecedented” that he had not made public the poll panel’s August 2022 opinion in the office of profit matter against Chief Minister Hemant Soren till now.
• The EC had communicated its opinion, on whether Soren should be disqualified or not, to Bais in August 2022.
• In October, Bais had set off speculation by saying publicly that he had sought a “second opinion”. But in a letter to Soren, the EC clarified in November that it had not received any such request.

Decision on questions as to disqualifications of members – Article 192

• (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.

Disqualifications as per Article 191 (1)

• A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State:
  • if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder;]
  • if he is of unsound mind and stands so declared by a competent court;
  • if he is an undischarged insolvent;
  • if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;
  • if he is so disqualified by or under any law made by Parliament.