{"id":95103,"date":"2024-03-26T15:06:44","date_gmt":"2024-03-26T09:36:44","guid":{"rendered":"https:\/\/pwonlyias.com\/stage\/?post_type=udaan&p=95103"},"modified":"2024-09-13T16:58:50","modified_gmt":"2024-09-13T11:28:50","slug":"membership-in-state-legislatures","status":"publish","type":"udaan","link":"https:\/\/pwonlyias.com\/stage\/udaan\/membership-in-state-legislatures","title":{"rendered":"Membership in State Legislatures: Oath, Qualifications, Disqualifications, and Vacating Seats"},"content":{"rendered":"

Introduction<\/strong><\/span><\/h2>\n

Membership of the State Legislature<\/a> refers to the <\/span>collective body of elected representatives<\/b> who serve in the legislative assembly and, where applicable, the legislative council of a state in India.\u00a0 As integral components of the state’s governance<\/a> structure, members of the state legislature are entrusted with the responsibility of addressing local issues, promoting development, and upholding the principles of democracy<\/a> and governance. This article deals with <\/span>Oath<\/b>, <\/span>Qualification<\/b>, <\/span>Disqualification,<\/b> and <\/span>Vacating of seats<\/b> of members of the state legislature.<\/span><\/p>\n

\u00a0<\/p>\n\n\n\n\n\n\n
Oath or Affirmation ( Article 188)<\/b><\/td>\n\n
    \n
  • Make and subscribe to an oath or affirmation <\/span>before the Governor <\/b>or some person appointed by him for this purpose.<\/span><\/li>\n
  • Without Oath: He cannot vote & participate<\/b> in the proceedings of the house and no privileges & immunities are available.<\/span><\/li>\n
  • Penalty: <\/b>A person is liable to a <\/span>penalty of 500 for each day<\/b> he\/ she <\/span>sits or votes<\/b> as a member in a House in the following conditions: <\/span>Before taking and subscribing to the prescribed oath or affirmation<\/b>; or When he\/she knows that he\/she is not qualified or that he\/she is <\/span>disqualified for its membership<\/b>; or When he\/she knows that he\/she is <\/span>prohibited from sitting or voting <\/b>in the House by virtue of any parliamentary law.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Qualification (Article 173)<\/b><\/td>\nMentioned in Constitution<\/a><\/b><\/p>\n
Disqualification(Article 191)<\/b><\/td>\nMentioned in Constitution<\/b><\/p>\n
    \n
  • If he holds <\/span>office of profit<\/b> (Union\/state)<\/span><\/li>\n
  • Unsound mind<\/b> and so declared by the court<\/span><\/li>\n
  • Undischarged insolvent<\/b><\/li>\n
  • Not a citizen of India<\/b><\/li>\n
  • If <\/span>disqualified<\/b> under any law made by the Parliament<\/span><\/li>\n<\/ul>\n

    RPA 1951 (by parliament)<\/b><\/p>\n

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

      Note<\/b>: <\/span>Governor\u2019s decision is final <\/b>on above disqualifications, and Governor should<\/span> obtain the<\/span> opinion of ECI.<\/b><\/p>\n

      Ground of Defection<\/b><\/p>\n

        \n
      • Disqualified under the provisions of the <\/span>10<\/b>th<\/b> schedule <\/b>of the Constitution<\/span><\/li>\n
      • Decided by: Chairman <\/b>in the case of Legislative Council & <\/span>Speaker <\/b>in case of Legislative Assembly.<\/span><\/li>\n
      • Kihota Hollohan Vs. Zachillhu Case<\/b>: SC said that the decision of the Chairman\/Speaker is subject to <\/span>judicial overview<\/b>.<\/span><\/li>\n<\/ul>\n<\/td>\n<\/tr>\n
Vacation of Seats (Article 190)<\/b><\/td>\n\n