The disqualifications for membership of a State Legislature are laid down in:

Article 191 lays down the disqualifications for membership of the Legislative Assembly or the Legislative Council of a state.

Grounds of disqualification under Article 191:

• If he holds any office of profit under the Government of India or the government of any state, other than an office declared by law not to disqualify its holder.
• If he is of unsound mind and stands so declared by a competent court.
• If he is an undischarged insolvent.
• If he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgement of allegiance to a foreign state.
• If he is disqualified by or under any law made by Parliament.

Disqualification for defection:

• Article 191(2) says that a person is disqualified if he is disqualified under the Tenth Schedule, which deals with defection.
• Questions of disqualification for defection are decided by the Speaker or the Chairman of the House.

Who decides other disqualifications:

• Under Article 192, questions about other disqualifications are referred to the Governor, whose decision is final.
• The Governor must obtain the opinion of the Election Commission and act according to it.

Disqualifications under the Representation of the People Act, 1951:

• A person convicted of certain offences and sentenced to imprisonment for two years or more is disqualified.
• A person dismissed from government service for corruption or disloyalty.
• A person who has failed to lodge an account of his election expenses.
• A person who has an interest in government contracts, works or services.

Important judgment:

In the Lily Thomas case (2013), the Supreme Court struck down Section 8(4) of the RP Act, which had protected sitting legislators from immediate disqualification on conviction.

Parallel provision for Parliament:

Article 102 contains similar disqualifications for members of Parliament.

Why not the other options?

• ✗Article 102 deals with disqualifications of members of Parliament.
• ✗Article 168 deals with the constitution of state legislatures.
• ✗Article 213 deals with the Governor's power to issue ordinances.