📜 Article 191 of the Indian Constitution
Title: Disqualifications for membership of the State Legislature
🔹 Text Summary:
Article 191 defines the conditions under which a person shall be disqualified from being chosen as or being a member of the State Legislature (Legislative Assembly or Legislative Council).
📌 Clause-wise Breakdown:
| Clause | Provision |
|---|---|
| (1) | A person shall be disqualified for being chosen as or for being a member of the Legislative Assembly or Council if: |
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(a) He holds any office of profit under the Government of India or State Government, other than offices exempted by law.
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(b) He is of unsound mind, as declared by a court.
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(c) He is an undischarged insolvent (bankrupt).
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(d) He is not a citizen of India, or has voluntarily acquired foreign citizenship, or acknowledged allegiance to a foreign state.
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(e) He is disqualified under any law made by Parliament (like the Representation of the People Act, 1951). |
| (2) | A person cannot be disqualified under clause (1)(a) unless the disqualification is declared by law made by the State Legislature.
👉 In other words, what constitutes an "office of profit" is defined by the legislature.
🧠 Key Takeaways:
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Ensures integrity, loyalty, and financial independence of legislators.
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Prevents conflict of interest by banning office of profit holders.
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Supports democratic principles by barring foreign allegiance.
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Supplements Article 190 (vacation of seats) and Article 192 (Governor’s role in deciding disqualifications).
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 102 | Similar disqualification rules for Parliament |
| 190 | Resignation and seat vacation in State Legislature |
| 192 | Governor’s decision on disqualification matters |
| 193 | Penalty for sitting or voting when disqualified |
🔁 Real Example:
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If an MLA is found guilty of corruption or convicted for a serious crime, they may be disqualified under Representation of the People Act (RPA), which falls under clause (1)(e).
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If an MLA holds a government job along with their seat, it may be treated as an office of profit, leading to disqualification unless legally exempted.
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