Answer By law4u team
Constitution of India Article 191: Disqualifications for Membership
(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— {1}(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.
{2}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.
{3}(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.
Note
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 32 to read as (a) if he holds any such office of profit under the Government of India or the Government of any State specified in the First Schedule as is declared by Parliament by law to disqualify its holder (date not notified). This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45 (w.e.f. 20-6-1979).
2. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 5, for (2) For the purposes of this article (w.e.f. 1-3-1985).
3. Ins. by s. 5, ibid. (w.e.f. 1-3-1985).
Brief Detail
Article 191 outlines the conditions under which a person may be disqualified from being chosen as a member or holding membership in the Legislative Assembly or Legislative Council of a State. These conditions include holding an office of profit under the government, being of unsound mind, being an undischarged insolvent, or having acquired foreign citizenship.
Question & Answers
What disqualifies a person from being a member of the State Legislature?
A person can be disqualified if they hold an office of profit under the Government of India or any State Government (except for certain exceptions), if they are of unsound mind, an undischarged insolvent, not a citizen of India, or have pledged allegiance to a foreign state. They may also be disqualified under laws made by Parliament.
Is being a Minister considered an office of profit?
No, according to the explanation in Article 191, a person will not be considered to hold an office of profit under the Government of India or a State Government merely because they are a Minister.
What if a person is disqualified under the Tenth Schedule?
If a person is disqualified under the Tenth Schedule (which deals with disqualification on grounds of defection), they will not be allowed to be a member of the State Legislature.
Example
For instance, if a person holds a ministerial post in the Union Government or the State Government, they are not disqualified from being a member of the State Legislature, as being a Minister is not considered holding an office of profit. However, if the person is declared of unsound mind by a competent court or acquires citizenship of a foreign country, they will be disqualified from being a member of the Legislature.
Summary
Article 191 sets clear guidelines for disqualifications that prevent individuals from becoming members of the State Legislature. These disqualifications are important to ensure that only eligible individuals serve as legislators, maintaining the integrity and efficiency of the legislative process.
