What is Article 191?
Historical Background
Key Points
8 points- 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 if they hold any office of profit under the Government of India or the Government of any State.
- 2.
Exceptions are made for offices declared by the Legislature of the State not to disqualify its holder.
- 3.
A person is disqualified if they are of unsound mind and stand so declared by a competent court.
- 4.
A person is disqualified if they are an undischarged insolvent.
- 5.
A person is disqualified if they are not a citizen of India, or have voluntarily acquired the citizenship of a foreign State, or are under any acknowledgement of allegiance or adherence to a foreign State.
- 6.
A person is disqualified if they are so disqualified by or under any law made by Parliament.
- 7.
The Tenth Schedule (Anti-Defection Law) also adds to the grounds for disqualification under this article.
- 8.
Parliament has the power to make laws specifying additional grounds for disqualification.
Visual Insights
Comparison of Article 191 and Article 102
This table compares Article 191 (disqualification of members of State Legislative Assemblies) with Article 102 (disqualification of members of Parliament).
| Feature | Article 191 (State Legislature) | Article 102 (Parliament) |
|---|---|---|
| Applicability | Members of State Legislative Assemblies and Councils | Members of Parliament (Lok Sabha and Rajya Sabha) |
| Office of Profit | Disqualification if holding an office of profit under the State or Central Government (with exceptions) | Disqualification if holding an office of profit under the State or Central Government (with exceptions) |
| Unsound Mind | Disqualification if declared of unsound mind by a competent court | Disqualification if declared of unsound mind by a competent court |
| Insolvency | Disqualification if an undischarged insolvent | Disqualification if an undischarged insolvent |
| Citizenship | Disqualification if not a citizen of India or has acquired foreign citizenship | Disqualification if not a citizen of India or has acquired foreign citizenship |
| Laws Made by Parliament | Disqualification if so disqualified by or under any law made by Parliament | Disqualification if so disqualified by or under any law made by Parliament |
| Anti-Defection Law | Tenth Schedule (Anti-Defection Law) also applies | Tenth Schedule (Anti-Defection Law) also applies |
Recent Developments
5 developmentsOngoing debates about the definition of 'office of profit' and its application.
Judicial interpretations of the disqualification provisions in various cases.
Amendments to the Representation of the People Act to address specific issues.
Concerns about the misuse of disqualification provisions for political purposes.
Discussions on the need for greater clarity and transparency in the disqualification process.