Constitution Section 191 — Disqualifications for membership

Part VI — THE STATES — Disqualifications of Members

Constitutional

Summary

A person cannot become or remain a member of a State Legislative Assembly or Legislative Council if they hold a paid government position (unless the state legislature has declared that position does not cause disqualification), have been declared mentally unsound by a court, are an undischarged bankrupt, are not an Indian citizen or have taken up foreign citizenship or pledged loyalty to a foreign country, or are disqualified under any law made by Parliament. Being a Union or State Minister does not count as holding a paid government position for this purpose. A person is also disqualified if they are disqualified under the Tenth Schedule of the Constitution.

Official Text

(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—

(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.