Disqualifications for membership

chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State— 3 [(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. 1. Substituted by the Constitution (Thirty-third Amendment) Act, 1974, s.3, for sub-clause (b) (w.e.f. 19.5.1974). 2. Inserted by the Constitution (Thirty-third Amendment) Act, 1974, s.3, for sub-clause (b) (w.e.f.19.5.1974). 3. Substituted by the Constitution (Forty-second Amendment) Act, 1976, s.32 to read as “(a) if he holds any such office of profit under the Government of India or the Government of any State specified in the First Schedule as is declared by Parliament by law to disqualify its holder” (date yet to be notified). 92 THE CONSTITUTION OF INDIA (Part VI. — The States) 1 [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 [(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.] 3 [192. Decision on questions 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 Governor 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.]