Disqualifications for membership

Quick Summary (TL;DR)

Article 191 (Disqualifications for membership): Regulates State Legislative Assemblies (Vidhan Sabha) and Legislative Councils under Part VI.

In Simple Citizen Words

Article 191 ('Disqualifications for membership') in Part VI, Chapter III governs the State Legislature (Vidhan Sabha and, where applicable, Vidhan Parishad). It sets the constitutional rules for composition of Assemblies, MLA qualifications/disqualifications, sessions, Speaker/Deputy Speaker duties, passage of State Bills and Budgets, assent to Bills (Arts 200–201), and legislative privileges. Specifically: (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...

Key Constitutional Provisions

Constitutional Mandate (Art. 191): Directly codifies the legal rule for 'Disqualifications for membership' under Part VI

Structured across 2 clause(s) and 5 sub-clause(s) with clear procedural conditions

Requires transparent Parliamentary law-making and democratic accountability rather than arbitrary executive action

Exceptions & Reasonable Restrictions

State Legislatures must legislate within the State and Concurrent Lists (Seventh Schedule) and cannot violate Fundamental Rights or constitutional procedures.

Why This Matters in Daily Life

Guarantees democratic law-making and budget scrutiny at the state level through your elected MLAs.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Dr. B. R. Ambedkar & K. M. Munshi

Drafting Committee Leaders • June 2–3, 1949

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 191: Empowering directly elected State Legislative Assemblies (Vidhan Sabhas) over state subjects and budgets while allowing States the option to create or abolish a second chamber (Vidhan Parishad).

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"The Legislative Assembly directly elected by adult franchise is the primary sovereign forum of the people in each State, holding the State Cabinet accountable for every rupee of state revenue."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 191: Codified Articles 168–213 regulating State Legislatures, flexible creation/abolition of Legislative Councils (Art 169), Money Bill procedures, and time-bound assent to State Bills (Art 200).

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 191 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Clause (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 —

Sub-clause (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;

Sub-clause (b)

if he is of unsound mind and stands so declared by a competent court;

Sub-clause (c)

if he is an undischarged insolvent;

Sub-clause (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;

Sub-clause (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.

Clause (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.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Disqualifications for membership

🟡 Textually Amended Since 1950 Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly as part of the original 395 Articles (Disqualifications for membership). Subsequently refined through 1 Constitutional Amendment(s) to meet evolving democratic and governance needs.

CURRENT ENFORCEABLE STATUS (TODAY)

Enforceable Today with Amended Clauses: Article 191 (Disqualifications for membership): Regulates State Legislative Assemblies (Vidhan Sabha) and Legislative Councils under Part VI.

Key Amendment Milestones & Textual Modifications

52nd Constitutional Amendment Act, 1985 — The Anti-Defection Law (10th Schedule)

Year 1985

Why it happened: Added the 10th Schedule disqualifying any MP or MLA who switches parties after winning on a party ticket, stopping "Aaya Ram, Gaya Ram" politics.

                                    Amended (102, 191, 10th Schedule): The Anti-Defection Law (10th Schedule)                                

Article 190 Ask Nyaya Saarthi AI About This Article Article 192

Emergency Citizen Helplines

Disqualifications for membership

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications