What is Article 191 of Indian Constitution – Defination & Meaning

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
📅 Part VI – The States
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Article Number

191

part

Part VI – The States

Status

Active

Bare Acts Text

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 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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Full Definition & Explanation

Article 191 of the Indian Constitution outlines the disqualifications for individuals wishing to become members of a state’s Legislative Assembly or Legislative Council. This article defines specific conditions under which a person cannot hold these positions. For instance, individuals holding an office of profit under the government, those who are declared of unsound mind by a competent court, or any undischarged insolvent are disqualified. Additionally, if a person is not a citizen of India or has pledged allegiance to a foreign state, they cannot be a member of the legislature. These disqualifications help ensure that only qualified and competent individuals serve in legislative roles, thus promoting effective governance. The article also allows for certain exceptions. For example, being a Minister does not automatically classify someone as holding an office of profit. This means that Ministers can serve without disqualification even if they receive salaries or allowances from the government. The inclusion of the Tenth Schedule in this article adds another layer of disqualification criteria based on party affiliation and the process of defection. Such provisions are key in maintaining the integrity of the legislative bodies and preventing corruption or conflicts of interest. Real-world impacts of Article 191 are visible in various political scenarios. When candidates are scrutinized for their backgrounds, this article helps ensure that individuals with questionable ethics or legal issues cannot gain seats in the legislature. This maintains public trust in the elected officials. Also, it encourages a politically responsible environment where elected members are accountable and represent the interests of the people without any conflicting obligations. Overall, Article 191 plays a key role in shaping the quality of governance at the state level.

Historical Context

This article defines specific conditions under which a person cannot hold these positions. For instance, individuals holding an office of profit under the government, those who are declared of unsound mind by a competent court, or any undischarged insolvent are disqualified. Additionally, if a person is not a citizen of India or has pledged allegiance to a foreign state, they cannot be a member of the legislature. These disqualifications help ensure that only qualified and competent individuals serve in legislative roles, thus promoting effective governance.

Key Features

– Disqualifications include holding an office of profit under the government.
– Individuals of unsound mind, declared by court, cannot be members.
– Undischarged insolvents are barred from membership in the legislature.
– Non-citizens of India or those with foreign allegiance are disqualified.
– The Tenth Schedule adds further disqualifications related to party affiliation.

Importance & Impact

– This article ensures that only qualified individuals can serve in legislative bodies.
– Disqualifications prevent conflicts of interest for those in offices of profit.
– It safeguards the legislative process by barring unethical candidates
– The provisions discourage individuals with legal or ethical issues from entering politics.
– This framework enhances public trust in the integrity of state governance.

Sample UPSC Question

Consider the following statements regarding Article 191 of the Indian Constitution: 1) It lists conditions under which a person is disqualified from being a member of the legislature. 2) A Minister is automatically disqualified if they hold an office of profit. 3) It includes provisions related to party defections. Which of the above statements is/are correct? A) 1 only B) 1 and 2 only C) 1 and 3 only D) 1, 2, and 3.

Answer

The correct answer is C) 1 and 3 only. Article 191 does specify disqualifications for legislative members, including conditions related to party defections. However, a Minister is not automatically disqualified for holding an office of profit, which makes option 2 incorrect.

Key Takeaways

✓ Article 191 ensures only qualified candidates enter state legislatures.
✓ Disqualifications help maintain the integrity of elected officials.
✓ It includes specific conditions for both mental and financial competency.
✓ Ministers are exempt from some disqualification rules under this article.
✓ The Tenth Schedule enhances the disqualification framework for legislators.

FAQs

Article 191 disqualifies individuals for several reasons, such as being of unsound mind, holding an office of profit, or being an undischarged insolvent. It also disqualifies non-citizens of India or those with foreign allegiance. These rules are in place to ensure that only capable and qualified candidates can participate in the legislative process, which is key for effective governance.

The inclusion of the Tenth Schedule in this article adds another layer of disqualification criteria based on party affiliation and the process of defection. Such provisions are key in maintaining the integrity of the legislative bodies and preventing corruption or conflicts of interest. Real-world impacts of Article 191 are visible in various political scenarios.

This maintains public trust in the elected officials. Also, it encourages a politically responsible environment where elected members are accountable and represent the interests of the people without any conflicting obligations. Overall, Article 191 plays a key role in shaping the quality of governance at the state level. Article 191 of the Indian Constitution outlines the disqualifications for individuals wishing to become members of a state’s Legislative Assembly or Legislative Council.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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