Article 191 In English | Article 191 Of Indian Constitution In English | What Is Article 191

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Article 191 Of Indian Constitution In English

Article 191 – Disqualifications for membership.
(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 acknowledgement 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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Article 191 In English

191 Article – Disqualifications for membership.
(1) A person shall be disqualified for being chosen as and for being a member of the Legislative Assembly or the Legislative Council of a State.
(a) if he holds any office of profit under the Government of India or the Government of a State specified in the First Schedule, other than an office declared by the Legislature of the State not to disqualify the holder thereof;
(b) if he is of unsound mind and has been so declared by a competent court;
(c) if he is a discharged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is subject to any acknowledgment of allegiance or observance to a foreign State;
(e) any person holding an office of profit under the Government of India or the Government of any State, if he is so disqualified for the purposes of this section by or under any law made by Parliament will not be considered. First Schedule merely because 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 the Legislative Council of a State if he is so disqualified under the Tenth Schedule.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 191 Of Indian Constitution?

Article 191 Debate Summary

Draft Article 167 (Article 191) was debated on 2 June 1949. It laid down the grounds for the disqualification of a member of the State Legislature. A member proposed to amend clause (1) (a) so as to disqualify any person from holding an office of profit or holding a share in a company which supplies material or shares with the Government. Keeps a building contract.

They argued that such contracts were highly lucrative and would result in a conflict of interest, as the member might be tempted to favor such companies. This amendment was rejected without debate. The Chairman of the Drafting Committee introduced an amendment to substitute clause (1) (d) to disqualify any person acquiring the citizenship of a foreign state or subject to allegiance, acceptance, or observance.

One member expressed concern that the use of the word ‘observance’ was ambiguous. The Chairman replied that ‘observance’ applies to a situation in which a person continues to obey a military rule imposed by an invader, even though it is no longer necessary.

The assembly accepted this amendment. Another member of the Drafting Committee wanted to replace clauses (2) (a) and (b) with the following: ‘He is a Minister for India or for any such State’. He pointed out that this draft follows the words used in the same sub-clause of Article 83 (Article 102). This amendment was accepted without debate. The amended draft article was adopted on 2 June 1949.

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Final Words

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