Article 191 of the Costitution of India with Case law
🔹 Article 191 of the Constitution of India
Title: Disqualifications for membership
🔸 Text of Article 191
(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 (other than an office declared by the Legislature of the State by law not to disqualify its holder); or
(b) if he is of unsound mind and stands so declared by a competent court; or
(c) if he is an undischarged insolvent; or
(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; or
(e) if he is so disqualified by or under any law made by Parliament.
(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 (anti-defection law).
🔸 Explanation of Article 191
Article 191 sets out grounds on which a person can be disqualified:
Clause (1) lists disqualifications like holding an office of profit, being of unsound mind, or being a foreign citizen.
Clause (2) refers to disqualification on the grounds of defection, as outlined in the Tenth Schedule (added by the 52nd Amendment, 1985).
🔸 Key Concepts
| Grounds for Disqualification | Explanation |
|---|---|
| Office of profit | If a person holds a position under govt that offers salary/benefits, they may be disqualified unless that office is exempt by state law. |
| Unsound mind | Must be declared by a competent court. |
| Undischarged insolvent | Financial inability — still under bankruptcy proceedings. |
| Foreign allegiance | Includes accepting citizenship or loyalty to another country. |
| Laws by Parliament | Includes Representation of the People Act, 1951. |
| Defection (Tenth Schedule) | If an MLA/MLC defects to another party, they may be disqualified. |
🔸 Important Case Laws on Article 191
🧑⚖️ Jaya Bachchan v. Union of India, (2006) 5 SCC 266
Facts: Jaya Bachchan held an office of profit as Chairperson of the UP Film Development Corporation.
Held: She was disqualified under Article 191(1)(a). The Court emphasized that holding an office of profit disqualifies a member unless it’s exempt by law.
🧑⚖️ Raja Ram Pal v. Lok Sabha Speaker, (2007) 3 SCC 184
Though primarily about parliamentary powers, the Supreme Court clarified that constitutional disqualifications under Articles 102 and 191 must be strictly interpreted.
🧑⚖️ Kihoto Hollohan v. Zachillhu, AIR 1993 SC 412
Held: Upheld the validity of Tenth Schedule (anti-defection law).
Relevance: Disqualification under Article 191(2) can occur if a legislator voluntarily gives up membership of their party or violates the party whip.
🧑⚖️ Election Commission v. Janata Dal, AIR 1996 SC 577
Discussed that disqualification under Article 191(1)(e) can be based on statutes like the Representation of People Act, and EC has no authority to disqualify independently.
🔸 Difference: Article 191 vs Article 102
| Article | Applies To | Level |
|---|---|---|
| Article 191 | MLAs & MLCs | State Legislature |
| Article 102 | MPs | Parliament |
🔸 Summary Table
| Clause | Disqualification Reason |
|---|---|
| 191(1)(a) | Holding office of profit |
| 191(1)(b) | Unsound mind (court declared) |
| 191(1)(c) | Undischarged insolvent |
| 191(1)(d) | Foreign citizenship or allegiance |
| 191(1)(e) | Any law made by Parliament (e.g. RPA, 1951) |
| 191(2) | Anti-defection (Tenth Schedule) |
🔸 Conclusion
Article 191 is crucial for:
Maintaining integrity of state legislatures.
Ensuring neutrality and independence of members.
Enabling legal and constitutional accountability via the Election Commission, Governor, or courts.
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