Home The Constitution Part VI Article 191

Art. 191 Part VI: The States

Disqualifications for Membership

Exact text — Constitution of India

(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...; (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...; (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.

In Plain English

What this Article actually means

The state-level mirror of Article 102 — the same grounds disqualifying someone from being an MLA/MLC: holding a government office of profit, unsound mind, insolvency, non-citizenship, or Parliament-specified disqualification, PLUS the Tenth Schedule anti-defection disqualification.

Why This Matters To You

How it shows up in everyday life

This is why the same disqualification grounds — including defection — apply to state legislators just as they apply to MPs, maintaining consistent standards for elected office across the country.

Read alongside this one

Art. 102 — Disqualifications for Membership

Frequently Asked

Quick answers about Article 191

Who decides if an MLA has become disqualified under this Article?

Following Article 192's process (the state equivalent of Article 103), the Governor decides — after obtaining and being bound by the Election Commission's opinion, for non-defection disqualifications; the Speaker/Chairman decides defection matters under the Tenth Schedule, subject to judicial review per Kihoto Hollohan.

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The text above reproduces Article 191 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.