Article 192 (2) of the Constitution

In News

• Recently, the Election Commission (EC) has turned down Jharkhand Chief Minister’s request to disclose its opinion shared with the state Governor in the disqualification matter against him.

About Article 192 (2)

• Any communication between the EC and a Governor is “privileged” under Article 192 (2) of the Constitution and revealing it before an order is passed by the Governor would amount to “breach of constitutional propriety”.
• DD Thaisii Vs Election Commission of India
  • It is regarding the EC’s opinion on a complaint seeking disqualification of 12 BJP MLAs from the Manipur Assembly.
  • In this matter, the EC has said, the apex court did not order it to disclose its opinion after the counsel for the poll panel informed the court that disclosure of privileged communication would be improper.
• RTI Act
  • The EC also said that any document pertaining to a reference received from the Governor under Article 192(2) is also exempt from disclosure under the RTI Act unless a final order is passed by the Governor.
• Section 9A of the Representation of the People Act, 1951
  • Section 9A prohibits elected representatives from entering into any contract with the government for “supply of goods” or “execution of any works undertaken” by it.
    • CM was allegedly misusing his position to allot a stone-mining lease to himself last year.

Source: IE