Disqualifications of Members
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Disqualifications of Members
- Constitution of India
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Disqualifications of Members
Article
190 Vacation of seats
(1) No person shall be a member
of both Houses of the Legislature of a State and provision shall be
made by the Legislature of the State by law for the vacation by a
person who is chosen a member of both Houses of his seat in one House
or the other.
(2) No person shall be a member of the
Legislatures of two or more States specified in the First Schedule
and if a person is chosen a member of the Legislatures of two or more
such States, then, at the expiration of such period as may be
specified in rules made by the President, that person's seat in the
Legislatures of all such States shall become vacant, unless he has
previously resigned his seat in the Legislatures of all but one of
the States.
(3) If a member of a House of the Legislature of a
State -
(a) becomes subject to any of the disqualifications
mentioned in clause (1) or clause (2) of article 191; or
(b)
resigns his seat by writing under his hand addressed to the Speaker
or the Chairman, as the case may be, and his resignation is accepted
by the Speaker or the Chairman, as the case may be,
his seat
shall thereupon become vacant:
Provided that in the case of any
resignation referred to in sub-clause (b), if from information
received or otherwise and after making such inquiry as he thinks fit,
the Speaker or the Chairman, as the case may be, is satisfied that
such resignation is not voluntary or genuine, he shall not accept
such resignation.
(4) If for a period of sixty days a member of
a House of the Legislature of a State is without permission of the
House absent from all meetings thereof, the House may declare his
seat vacant:
Provided that in computing the said period of sixty
days no account shall be taken of any period during which the House
is prorogued or is adjourned for more than four consecutive days.
Article
191 Disqualification for membership
(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 specified in the First Schedule, other than
an office declared by the Legislature of the State by law not to
disqualify its holder;
(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, or has
voluntarily acquired the citizenship of a foreign State, or is under
any acknowledgment
of allegiance or adherence to a foreign
State;
(e) if he is so disqualified by or under any law made by
Parliament.
Explanation: For the purposes of this clause, a
person shall not be deemed to hold an office of profit under the
Government of India or the Government of any State specified in the
First Schedule by reason only that he is a Minister either for the
Union or for such State.
(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.
Article
192 Decision on question as to disqualifications of members
(1)
If any question arises as to whether a member of a House of the
Legislature of a State has become subject to any of the
disqualifications mentioned in clause (1) of article 191, the
question shall be referred for the decision of the Government and his
decision shall be final.
(2) Before giving any decision on any
such question, the Governor shall obtain the opinion of the Election
Commission and shall act according to such opinion.
Article
193 Penalty for sitting and voting before making oath or affirmation
under article 188 or when not qualified or when disqualified
If
a person sits or votes as a member of the Legislative Assembly or the
Legislative Council of a State before he has complied with the
requirements of article 188, or when he knows that he is not
qualified or that he is disqualified for membership thereof, or that
he is prohibited from so doing by the provisions of any law made by
Parliament or the Legislature of the State, he shall be liable in
respect of each day on which he so sits or votes to a penalty of five
hundred rupees to be recovered as a debt due to the State.
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Constitution of India
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Preamble
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Union and its Territory
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Citizenship
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Fundamental Rights
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General Fundamental Rights
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Right to Equality
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Right to Freedom
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Right against Exploitation
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Saving of Certain Laws
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Directive Principles Of State Policy
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Fundamental Duties
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Union
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Executive
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President and Vice President
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Council of Ministers
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Attorney General for India
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Conduct of Government Business
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Parliament
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General Parliament
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Officers of Parliament
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Conduct of Business
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Disqualifications of Members
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Parliament and its Members
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Legislative Procedure
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Procedure in Financial Matters
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Procedure Generally
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Legislative Powers of the President
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Union Judiciary
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Comptroller and Auditor General of India
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General The States
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Governor
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Advocate General for the State
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State Legislature
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General State Legislature
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Officers of the State Legislature
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Powers Privileges and Immunities
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Legislative Power of The Governor
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High Courts in the States
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Subordinate Courts
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States in Part B of the First Schedule
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Union Territories
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Panchayats
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Municipalities
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Scheduled and Tribal Areas
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Relations Between The Union and the States
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Legislative Relations
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Administrative Relations
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General Administrative Relations
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Disputes relating to Waters
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Co ordination between States
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Finance Property Contracts and Suits
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Finance
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General Finance
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Miscellaneous Financial Provisions
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Borrowing
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Property Contracts Rights and Suits
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Right to Property
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Trade Commerce and Intercourse Within the Territory
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Services Under the Union and the States
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Services
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Elections
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Special Provisions Relating to Certain Classes
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Official Language
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Language of the Union
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Special Directives
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Emergency Provisions
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Miscellaneous
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Amendment of the Constitution
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Temporary Transitional and Special Provisions
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Short Title Commencement Authoritative
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First Schedule
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Second Schedule
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Second Schedule Part A
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Second Schedule Part B
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Second Schedule Part C
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Second Schedule Part D
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Second Schedule Part E
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Third Schedule
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Fourth Schedule
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Fifth Schedule
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Fifth Schedule Part A
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Fifth Schedule Part B
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Fifth Schedule Part C
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Fifth Schedule Part D
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Sixth Schedule
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Seventh Schedule
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Eighth Schedule
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Ninth Schedule
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Tenth Schedule
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Eleventh Schedule
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Twelfth Schedule
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Appendix I
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Appendix II
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