Article 191 of Indian Constitution, Interpretation, Importance

Article 191 of the Indian Constitution outlines disqualification criteria for State Legislature members to ensure integrity, accountability, and democratic values.

Article 191 of Indian Constitution
Table of Contents

Article 191 of the Constitution of India puts down the conditions under which individuals can be disqualified from being elected or continuing as a member of Legislative Assembly or Legislative Council of State. This article ensures that the integrity of elected representatives is maintained and democracy is upheld. Situations like office of profit, unsoundness of mind, insolvency and disqualification under parliamentary laws are covered under this article. In this article, we are going to cover all about article 191 of the Indian constitution. 

Article 191 of the Constitution of India

The Constitution of india states the following about the Article 191: 

  • The provision states that a person cannot be elected or serve as a member of a State Legislature if disqualified. It is structured to maintain ethical and legal standards for legislators by refraining conflicts of interest and maintaining accountability.
    • It forbids individuals with government positions that offer financial benefits (unless exempted by law) from holding legislative office.
    • It prohibits those declared mentally unsound or
    • Those who are financially insolvent are forbidden 
    • Anyone who is not an Indian citizen is ineligible for membership in the State Legislature or
    • If disqualified under any law made by Parliament
  • 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

Article 191 of Indian Constitution Interpretation 

Article 191 of the Constitution of India lays down the outlines under which a person cannot become a member of a state legislature. The guidelines are: 

  • If a person is already having a government job and using the financial benefits that comes along with the job unless exempted by state law.
  • If the person is declared of unsound mind.
  • If the person is not a citizen of India.
  • If any law that is made by the Parliament disqualifies the person.

Article 191 of Indian Constitution Importance

Article 191 of the Constitution of India is an important article that makes sure that legislative members follow ethical conduct and standards and accountability. The article allows upholding of democratic values and avoids conflict of interest. 

  • The provision to disqualify a candidate based on certain guidelines allows prevention of misuse of public office and power. 
  • The article supports sovereignty of India and does not allow candidates who are not the Citizens of India.
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Article 191 of Indian Constitution FAQs

Q1. What is Article 191 of the Constitution of India?+

Q2. Which Amendment of the Constitution removed Article 191?+

Q3. What is Article 191 and 102?+

Q4. When is a person disqualified from Parliament?+

Q5. Article 191 comes under which part of Indian Constitution?+

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