Constitution 191 — Disqualifications for membership

The Constitution of India, 1950

Statutory 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.

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