Article 191

Article 191 of the Constitution of India defines the circumstances under which a person is disqualified from being chosen as, or for being, a member of the Legislative Assembly or the Legislative Council of a State. The Article serves as an essential constitutional safeguard to ensure that the legislative bodies are composed of individuals who uphold the principles of integrity, accountability, and allegiance to the nation.

Constitutional Background and Purpose

The framers of the Constitution recognised the need to maintain the purity of the legislative process by preventing individuals with conflicting interests or compromised integrity from occupying legislative positions. Article 191 mirrors Article 102, which prescribes similar disqualifications for Members of Parliament, ensuring uniformity across both the Union and State Legislatures.
Through its clauses, Article 191 aims to prevent misuse of power, political corruption, and conflict of interest, thereby upholding the democratic ethos of representative governance.

Disqualifications Under

Enumerates five broad grounds on which an individual can be disqualified from being elected to, or continuing as, a member of a State Legislature.
(a) Holding an Office of ProfitA person is disqualified if they hold any office of profit under the Government of India or the Government of any State, except an office that has been declared by the State Legislature as not disqualifying its holder.
The purpose of this clause is to prevent a conflict between executive influence and legislative independence. An “office of profit” generally refers to a position that carries financial remuneration, allowances, or benefits, which may place the holder under governmental influence.
However, holding the position of a Minister at the Union or State level does not constitute an office of profit under this clause, as clarified by the Constitution itself.
(b) Unsoundness of MindA person declared of unsound mind by a competent court is disqualified from membership. This provision ensures that all legislators possess the mental capacity required to perform their constitutional duties responsibly.
(c) Undischarged InsolvencyAn individual who is an undischarged insolvent, meaning they have not been legally released from debts or bankruptcy, is ineligible for membership. This rule preserves the dignity of the legislative office and ensures that members are financially independent and free from external pressures.
(d) Citizenship and AllegianceA person is disqualified if they are not a citizen of India or if they have voluntarily acquired the citizenship of a foreign State. Additionally, anyone who has acknowledged allegiance or adherence to a foreign power is disqualified.
This clause underscores the requirement of exclusive loyalty to India, ensuring that lawmakers owe their full allegiance to the Indian Constitution and national sovereignty.
(e) Disqualification by Law Made by ParliamentParliament holds the authority to enact laws specifying additional grounds for disqualification. This provision allows flexibility to address emerging issues concerning legislative integrity and evolving political circumstances.
Parliament exercised this power through the Representation of the People Act, 1951, which adds further disqualifications such as conviction for certain offences, corrupt practices in elections, and failure to lodge election expenses.

Disqualifications : Defection

Article 191 links disqualification to the Tenth Schedule of the Constitution, introduced by the 52nd Amendment Act, 1985. The Tenth Schedule, commonly known as the Anti-Defection Law, provides for disqualification of legislators on grounds of defection from their political parties.
A member may be disqualified if:

• They voluntarily give up the membership of the political party on whose ticket they were elected; or
• They vote or abstain from voting contrary to the directions (whip) issued by their party, without prior permission.

The Chairman or the Speaker of the respective House has the authority to decide disqualification cases under this Schedule, subject to judicial review by the courts.
This provision is critical in promoting political stability, party discipline, and preventing opportunistic shifts in allegiance that could destabilise governments.

Explanation: Office of Profit Exception

The Constitution specifically clarifies that the office of a Minister, either at the Union or State level, shall not disqualify its holder under the office of profit rule. This exception recognises the dual role of Ministers as both members of the Legislature and part of the Executive, a feature integral to India’s parliamentary system of governance.

Important Judicial Interpretations and Case Laws

K. K. Verma v. Union of India (1954)The Supreme Court interpreted the term “office of profit”, holding that an office is considered one of profit if it carries financial gain or benefit, regardless of whether the individual actually receives the profit.
Indira Gandhi v. Raj Narain (1975)This case discussed the broader principles of disqualification and electoral integrity, emphasising that the Constitution’s disqualification provisions are integral to ensuring free and fair elections.
Kihoto Hollohan v. Zachillhu (1992)A landmark judgment that upheld the constitutional validity of the Tenth Schedule (Anti-Defection Law). The Court affirmed the Speaker’s quasi-judicial authority in deciding defection cases, while allowing limited judicial review to prevent misuse of power.
R. S. Gavai v. State of Maharashtra (2008)The Supreme Court clarified the scope of disqualifications under Article 191, reaffirming that the underlying purpose is to protect legislative independence and public trust.
Lily Thomas v. Union of India (2013)This judgment established that disqualification resulting from conviction in certain criminal cases takes immediate effect, without the protection of appeal or stay unless overturned by a higher court. The ruling strengthened the moral accountability of legislators.

Institutional and Administrative Role

The Election Commission of India plays a pivotal role in enforcing disqualifications under Article 191. Under Article 192, questions regarding disqualification of members are referred to the Governor, who must act according to the opinion of the Election Commission.
This process ensures impartiality and constitutional compliance in determining eligibility and maintaining the credibility of the electoral system.

Related Constitutional Provisions

• Article 190: Deals with the vacation of seats when a member is disqualified.
• Article 192: Provides the mechanism for deciding questions of disqualification of members.
• Tenth Schedule: Specifies grounds for disqualification due to defection.
• Representation of the People Act, 1951: Elaborates statutory grounds and procedures for disqualification.

Significance and Constitutional Impact

Upholding Legislative IntegrityBy excluding individuals who hold conflicting interests or questionable loyalty, Article 191 preserves the integrity and independence of legislative institutions.
Ensuring Political StabilityThrough the anti-defection provisions of Clause (2), the Article promotes governmental stability by discouraging party-hopping and opportunistic alliances.
Safeguarding National SovereigntyBy restricting membership to Indian citizens and prohibiting allegiance to foreign powers, the Article reinforces national loyalty and constitutional commitment.
Promoting Ethical GovernanceThe provisions collectively promote ethical conduct and public accountability among legislators, ensuring that the legislative process remains free from undue influence, corruption, and vested interests.

Broader Constitutional Perspective

Article 191 exemplifies the constitutional intent to build a morally upright and politically stable legislature at the state level. It not only sets out eligibility standards but also provides mechanisms to enforce them through the Election Commission and the judiciary.