Actual Article
Article 191: Disqualifications for membership
- A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State if he:
- (a) 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) is of unsound mind and stands so declared by a competent court;
- (c) is an undischarged insolvent;
- (d) 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) is so disqualified by or under any law made by Parliament.
- If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred to the Governor whose decision shall be final.
- Before giving any decision on any such question, the Governor shall obtain the opinion of the Election Commission and shall act according to such opinion.
UPSC Notes for Article 191
Explanation:
- Disqualification Criteria:
- Article 191 outlines specific criteria under which a person can be disqualified from being elected to, or continuing as a member of, the State Legislature. These include holding an office of profit under the government (unless exempted by state law), being declared of unsound mind, being an undischarged insolvent, non-citizenship, and other disqualifications prescribed by parliamentary law.
- Resolution of Disputes:
- In cases where there is a dispute about a member’s disqualification, the matter is referred to the Governor, who must make a decision based on the opinion of the Election Commission. This provision ensures a fair and authoritative resolution based on expert advice.
Key Points:
- Guarding Against Conflicts of Interest: The disqualification for holding an office of profit prevents conflicts of interest, ensuring that legislators can serve without compromising public duty for personal gain.
- Governor’s Role in Disqualification Process: The Governor’s involvement, guided by the Election Commission, ensures that the process of determining disqualification is not only judicial but also informed by electoral guidelines.
Important Cases and Commissions Related to Article 191
Cases:
- Jaya Bachchan vs. Union of India (2006): This case involved the disqualification of a member of Parliament based on holding an office of profit, illustrating the application of similar principles in state legislatures under Article 191.
Commissions:
- Administrative Reforms Commission: Has recommended reforms in the processes determining the disqualification of legislators to enhance transparency and reduce political influence.
Important Reports Related to Article 191:
- Law Commission Reports: These often address issues surrounding electoral reforms and qualifications/disqualifications of legislators, proposing updates to make the disqualification process more robust and transparent.
Previous Year Prelims Questions Related to Article 191
- (UPSC Prelims 2016) What are the grounds for disqualification from membership of a State Legislature according to Article 191?
- A. Holding an office of profit under the government
- B. Being declared of unsound mind by a court
- C. Being an undischarged insolvent
- D. All of the above Correct Answer: D. All of the above
- (UPSC Prelims 2018) Who decides on the disqualification of a member of a State Legislature under Article 191?
- A. The President
- B. The Governor
- C. The Speaker of the House
- D. The Supreme Court Correct Answer: B. The Governor
Previous Year Mains Questions Related to Article 191
- Mains 2016: “Evaluate the role of the Election Commission in assisting the Governor to decide on the disqualification of members of State Legislatures as outlined in Article 191.”
- Mains 2019: “Discuss the implications of the criteria for disqualification under Article 191 for the integrity and effectiveness of State Legislatures.”
Additional Insights:
- Preventive Measure for Integrity: Article 191 serves as a preventive measure to maintain the integrity and credibility of state legislatures by ensuring that only qualified individuals, free from significant legal and financial encumbrances, can serve as members.
- Balanced Oversight: The role of the Election Commission in advising the Governor brings a balance of oversight, ensuring that decisions on disqualifications are made impartially and based on expertise in electoral law.
Understanding
Article 191 is crucial for UPSC aspirants as it provides insights into the qualifications and disqualifications for membership in state legislatures, emphasizing the legal and ethical standards governing elected representatives. This knowledge is essential for both preliminary and main examinations, offering a deeper understanding of the governance and integrity of legislative processes.