Membership in State Legislatures: Oath, Qualifications, Disqualifications, and Vacating Seats

• Make and subscribe to an oath or affirmation before the Governor or some person appointed by him for this purpose.
• Without Oath: He cannot vote & participate in the proceedings of the house and no privileges & immunities are available.
• Penalty: A person is liable to a penalty of 500 for each day he/ she sits or votes as a member in a House in the following conditions: Before taking and subscribing to the prescribed oath or affirmation; or When he/she knows that he/she is not qualified or that he/she is disqualified for its membership; or When he/she knows that he/she is prohibited from sitting or voting in the House by virtue of any parliamentary law.

• Citizen of India.
• Make and subscribe to an oath or affirmation before the person authorized by the ECI.
• Age: Not less than 25 yrs (SLA) & 30 yrs (SLC).
• Other qualifications prescribed by the Parliament.

RPA 1951 (by parliament)

• SLC: must be an elector for the assembly constituency in that state & to be nominated by the governor; must be a resident of that state.
• SLA: must be an elector for the assembly constituency in that state.
• Contest from Reserved Seat: Must be a member of SC/ST. However, SC/ST members can also contest a seat not reserved for them.

• If he holds office of profit (Union/state)
• Unsound mind and so declared by the court
• Undischarged insolvent
• Not a citizen of India
• If disqualified under any law made by the Parliament

RPA 1951 (by parliament)

• Guilty of election offence/corrupt practice; failed to lodge an account of his election expenses within the time; interest in government contracts, works or services; director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 percent share;
• Convicted for promoting enmity; punished for preaching and practising social crimes; Dismissed from Govt. service for corruption or disloyalty to the State; Imprisoned for 2 or more years.

Note: Governor’s decision is final on above disqualifications, and Governor should obtain the opinion of ECI.

Ground of Defection

• Disqualified under the provisions of the 10th schedule of the Constitution
• Decided by: Chairman in the case of Legislative Council & Speaker in case of Legislative Assembly.
• Kihota Hollohan Vs. Zachillhu Case: SC said that the decision of the Chairman/Speaker is subject to judicial overview.

• Double Membership: Cannot be a member of both the houses at same time. One seat becomes vacant as per the law made by the State Legislature.
• Disqualification: As per Constitution or RPA 1951 or Tenth Schedule.
• Resignation: Resignation letter to Chairman of Council or Speaker of Assembly as per the case.
• Absence: If he is absent for 60 days without permission of the house.
• Other Cases: Election declared void by the court; expelled by the house; elected as President or VP; appointed as Governor.