Disqualification for Membership | Indian Constitution Download PDF
The disqualifications for membership of a State Legislature as laid down in Art. of the Constitution are analogous to the disqualifications laid down in Art. 102 relating to membership of either House of Parliament. Thus—
A person shall be disqualified for being chosen as, and for being a member of the Legislative Assembly or Legislative Council of a State if he—
(a) holds any office of profit under the Government of India or the Government of any State, other than that of a Minister for the Indian Union or for a State or an office declared by a law of the State not to disqualify its holder (many States have passed such laws declaring certain offices to be offices the holding of which will not disqualify its holder for being a member of the Legislature of that State);
(b) is of unsound mind as declared by a competent court;
(c) is an undischarged insolvent;
(d) 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) is so disqualified by or under any law made by Parliament (in other words, the law of Parliament may disqualify a person for membership even of a State Legislature, on such grounds as may be laid down in such law). Thus, the Representation of the People Act, 1951, has laid down some grounds of disqualification, e:g., conviction by a court, having been found guilty of a corrupt or illegal practice in relation to election, being a director or managing agent of a corporation in which Government has a financial interest (under conditions laid down in that Act).