Article 191 of CoI : Article 191: Disqualifications for membership.

CoI

JavaScript did not load properly

Some content might be missing or broken. Please try disabling content blockers or use a different browser like Chrome, Safari or Firefox.

Explanation using Example

Example 1:

Rajesh is a successful businessman who decides to run for a seat in the Legislative Assembly of Maharashtra. However, Rajesh also holds a position as the Chairman of a government-owned corporation. According to Article 191(1)(a) of the Constitution of India, Rajesh is disqualified from being chosen as a member of the Legislative Assembly because he holds an office of profit under the Government of Maharashtra. To be eligible, Rajesh would need to resign from his position as Chairman before contesting the election.

Example 2:

Meena, a resident of Karnataka, has been declared of unsound mind by a competent court due to a severe mental health condition. Despite her interest in politics and her desire to serve as a member of the Legislative Council, Article 191(1)(b) disqualifies her from being chosen as a member because she has been declared of unsound mind by a court.

Example 3:

Suresh, a citizen of India, decides to acquire citizenship of Canada for better opportunities. After acquiring Canadian citizenship, Suresh wishes to contest in the elections for the Legislative Assembly of Tamil Nadu. According to Article 191(1)(d), Suresh is disqualified from being chosen as a member because he has voluntarily acquired the citizenship of a foreign State.

Example 4:

Anita, a resident of West Bengal, is declared an undischarged insolvent by a competent court due to her inability to pay off her debts. Despite her aspirations to become a member of the Legislative Assembly, Article 191(1)(c) disqualifies her from being chosen as a member because she is an undischarged insolvent.

Example 5:

Vikram, a member of the Legislative Assembly of Uttar Pradesh, decides to join a foreign political organization and publicly acknowledges his allegiance to that organization. According to Article 191(1)(d), Vikram is disqualified from being a member of the Legislative Assembly because he has acknowledged allegiance to a foreign State.

Example 6:

Priya, a member of the Legislative Assembly of Gujarat, is found guilty of corruption under a law made by Parliament. According to Article 191(1)(e), Priya is disqualified from being a member of the Legislative Assembly because she is disqualified under a law made by Parliament.

Example 7:

Ravi, a member of the Legislative Assembly of Rajasthan, decides to switch his political party after being elected. According to the Tenth Schedule of the Constitution, which deals with disqualification on the grounds of defection, Ravi is disqualified from being a member of the Legislative Assembly as per Article 191(2).

Update: Our AI tools are cooking — and they are almost ready to serve! Stay hungry — your invite to the table is coming soon.

Download Digital Bare Acts on mobile or tablet with "Kanoon Library" app

Kanoon Library Android App - Play Store LinkKanoon Library iOS App - App Store Link