Article 191

Disqualifications for Membership of State Legislature

Official heading: “Disqualifications for membership .”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part VI, Article 191, printed page 86
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Article 191 specifies the grounds on which a person is disqualified from being chosen as or remaining an MLA or MLC, including offices of profit, insolvency, citizenship loss, and defection.

2. What It Means in Everyday Language

Article 191 defines the constitutional barriers that disqualify a person from contesting or retaining membership in a State Legislature. It mirrors Article 102 at the parliamentary level.

Five Classical Disqualifications (Clause 1): A person is disqualified: (a) if they hold any office of profit under the Government of India or the Government of any State, other than offices exempted by the State Legislature by law; (b) if they are declared of unsound mind by a competent court; (c) if they are an undischarged insolvent; (d) if they are not an Indian citizen, or voluntarily acquire foreign citizenship; and (e) if they are disqualified by or under any law made by Parliament (such as the Representation of the People Act, 1951).

Anti-Defection Disqualification: Clause (2), inserted by the Fifty-second Amendment (1985), subjects MLAs and MLCs to disqualification under the Tenth Schedule for defecting from their political party or defying party whips.

3. Practical Illustrative Example

Everyday Scenario:

A sitting MLA accepts a paid executive directorship in a State government corporation that has not been exempted under the State's Prevention of Disqualification Act.

Core takeaway: Under Article 191(1)(a), the member holds an "office of profit" and incurs constitutional disqualification.

Illustrative Notice: Ministers of the Union or States are expressly exempted by constitutional explanation from being treated as holding an office of profit.

4. Important Limits, Qualifications & Exceptions

Article 191 protects democratic representation from conflicts of interest and partisan defection.

Office of profit doctrine prevents executive patronage and conflict of interest.
Excludes bankrupts, certified persons of unsound mind, and foreign citizens.
Statutory disqualifications under Representation of the People Act, 1951 (e.g. criminal convictions).
Anti-defection linkage: Clause (2) incorporates Tenth Schedule disqualifications.

5. Operative Constitutional 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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 191, printed page 86 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource