Part VI - The States • Article

Article 191 Simplified: Disqualifications for membership

Article 191 is the 'Integrity Filter' for MLAs. A person is disqualified if: 1) They hold a second government job (Office of Profit). 2) A court says they are mentally unsound. 3) They are bankrupt (Insolvent). 4) They are not a citizen of India. 5) They are disqualified under the Anti-Defection Law. This keeps our state leaders focused and honest.

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.]

Simple Meaning

Explain Like Ten

Think of Article 191 as a checklist for MLAs. Before you can sit in the State Assembly or Council, you must pass five tests: you don't hold a second government job, you're mentally sound, you're not bankrupt, you're an Indian citizen, and you haven't switched parties in violation of the Anti-Defection Law. Fail any one, and you're disqualified.

Student Mode

Article 191 mirrors Article 102 (disqualification for Parliament). The five grounds are: (a) Office of Profit under Union or State Government; (b) unsound mind declared by a court; (c) undischarged insolvent; (d) not a citizen of India or allegiance to foreign state; (e) disqualified by parliamentary law. Clause (2) adds the Tenth Schedule (Anti-Defection) disqualification.

Example

If an MLA leaves their party to join another for personal gain, they can be disqualified under the rules linked to Article 191.

Key Takeaway

Article 191 lists the reasons why someone cannot be or stay an MLA.

FAQs

Does being a Union or State Minister disqualify a person from being an MLA under the 'Office of Profit' rule?

No. The Explanation to Article 191(1) specifically states that holding a ministerial position does NOT constitute an office of profit for the purpose of this disqualification.

What is the Tenth Schedule and how does it relate to Article 191?

The Tenth Schedule is the Anti-Defection Law. Article 191(2) provides that an MLA is disqualified if they defect from their party (e.g., vote against party whip without approval or voluntarily give up party membership).

Quiz

Under Article 191, which of the following would NOT automatically disqualify someone from being an MLA?

Answer: Being a State Cabinet Minister

The Anti-Defection Law is contained in which Schedule of the Constitution?

Answer: Tenth Schedule