Constitution of India, 1949
191.Disqualifications 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 acknowledgement 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.