Disqualification of Member of Legislative Assembly

• Integrity Education, Delhi
• 08, Oct 2021

Context

• West Bengal Assembly Speaker Biman Banerjee has approached the Supreme Court against the Calcutta High Court order on the disqualification of Mukul Roy.
• Mr. Roy was elected on BJP ticket in the Assembly election in May, and rejoined the Trinamool Congress in June.

Rules for Disqualification: Article 191
(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

Disqualification under 10th Schedule- Anti-Defection Law

• (a) if he has voluntarily given up his membership of such political party
• (b) if he votes or abstains from voting in such House contrary to any direction issued by the political party to which he belongs

Note:  an elected member of a House shall be deemed to belong to the political party, if any, by which he was set up as a candidate for election