Disqualifications for membership
Article 191 — Disqualifications for membership
disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State—
- (a) 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;]
- (b) if he is of unsound mind and stands so declared by a competent court;
- (c) if he is an undischarged insolvent;
- (d) 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;
- (e) if he is so disqualified by or under any law made by Parliament. Explanation.—For the purposes of this clause], a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the First Schedule by reason only that he is a Minister either for the Union or for such State. (2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule.]
- Decision on questions as to disqualifications of members.—(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.]
Plain English Summary
This article lists the reasons why a person cannot be elected or chosen as a member of a State's Legislative Assembly or Legislative Council. These disqualifications include holding certain government jobs, being of unsound mind, being an undischarged insolvent, not being an Indian citizen, or being disqualified by any law made by Parliament.
Key Points
- A person is disqualified if they hold an office of profit under the Central or State Government, unless a state law says otherwise.
- Being of unsound mind, being an undischarged insolvent, or not being an Indian citizen are grounds for disqualification.
- A Minister position alone does not automatically disqualify someone under this clause.
- Disqualifications listed in the Tenth Schedule also lead to disqualification as a member.
Why It Matters
This article ensures that only eligible and legally sound individuals can represent the people in the State legislature, maintaining the integrity of the elected body.
Landmark Judgements
No major landmark judgements.