Qualification and disqualification of members in a State Legislature

Qualifications of membership – A person to be qualified to be chosen as a member in the State Legislature :
(a) Must be a citizen of India, and makes and subscribes before some persons authorized by the Election Commission an oath or affirmation prescribed in third schedule
(b) Age must not be less than 25 years in case of Legislative Assembly and not less than 30 years in case of Legislative Council.
(c) must possess such other qualification as may be prescribes by Parliament by law [ Art. 173 ]

Disqualifications for membership – A member is disqualified for being chosen as a member of the Legislature of a State :
(a) If he holds any office of profit under the Central or State Government or
(b) if he is of unsound mind
(c) if he is and 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 of any foreign state
(e) if he is so disqualified by or under any law of Parliament [Art. 191].

Article 190 deals with disqualification incurred by a member after he has been elected as member. It says that no one can be a member of both the Houses of Legislature or a member of Legislature of two or more states at the same time.
If a person is chosen a member of the Legislature of two or more states then at the expiry of the specified period under riles made by President his seat in the Legislature shall fall vacant unless he resigns his seat in all but one state.
If a member of State Legislature absents himself for a period of sixty days the House may declare his seat vacant [ Art 190(3),(4)]
If a member becomes disqualified under Article 191 his seat shall become vacant.

Decisions on Qualifications –
According to Article 192 if any question arises as to whether a member of a House of the Legislature of a State comes under any qualifications mentioned in Article 191(1), the question will be referred to the Governor and his decision will be final. The governor is requires to obtain the opinion of the Election Commission before giving his decision on such questions. If he resigns and his resignation is accepted his seat shall become vacant.
After amendment of the article now states the the speaker or Chairman not to accept resignation automatically but to inquire if its genuine and only then accept it. If he finds that the resignation is not voluntary, he shall not accept it.
Before taking in the House, every member if State Legislature has to take oath of affirmation before the Governor or some person appointed by him for that purpose in the prescribed form [ Article 188]. Member of a State Legislature shall be entitled to receive such salaries and allowances as may from time to time be determined by the Legislature of the State by Law. [ Article 195].

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