Under Article 191 of the Constitution of India, a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a state if the person holds any office of profit under: 1. the Government of India. 2. any State Government. Select the correct answer using the code given below:
- (a)1 only
- (b)2 only
- (c)Both 1 and 2
- (d)Neither 1 nor 2
Correct — C, both 1 and 2. Article 191(1)(a) disqualifies a person from being chosen as, and from being, a member of a State Legislative Assembly or Council if he holds any office of profit under the Government of India OR under the Government of any State — other than an office that the State Legislature has by law declared not to disqualify its holder. Because the bar applies to an office of profit under the Union as well as under any State government, both statements 1 and 2 are correct.
- (a)1 only — Incomplete — an office of profit under any State Government also disqualifies, not only one under the Government of India.
- (b)2 only — Incomplete — an office of profit under the Government of India equally disqualifies a person from state-legislature membership.
- (d)Neither 1 nor 2 — Wrong — Article 191(1)(a) expressly makes an office of profit under the Union or a State a ground of disqualification.
Article 191 lists the disqualifications for membership of a State legislature. The office-of-profit bar mirrors Article 102 for Parliament and is designed to keep the legislature independent of the executive by preventing members from holding paid government posts.
The exception in the article — 'other than an office declared by the State Legislature by law not to disqualify its holder' — is why states enact Prevention of Disqualification Acts exempting certain posts. The general rule itself covers offices of profit under both the Union and any State.
- Article 191 sets out disqualifications for membership of a State Legislative Assembly or Council; Article 102 is the parallel provision for Parliament.
- An office of profit under the Government of India or the Government of any State disqualifies, unless the State Legislature has by law exempted that office.
- The Constitution does not define 'office of profit'; courts test it by who appoints the holder, who pays, and whether the office carries powers and perquisites.
- Under Article 192, whether a sitting member has become disqualified is decided by the Governor, acting on the opinion of the Election Commission.
- Person holds an office of profit
- under the Government of India — OR — under any State Government
- Has the State Legislature by law exempted that office? If not...
- Disqualified under Article 191 from being an MLA/MLC
An office of profit under the Union or any State disqualifies a person from state-legislature membership, unless the State Legislature has by law declared that office not to disqualify.
- Thinking only a Union office of profit disqualifies — an office under any State Government equally does.
- Forgetting the exemption clause — State Legislatures can by law declare specific offices not to disqualify their holders.
Framed as a two-statement code on whose office of profit triggers disqualification — remember the bar covers both the Union and any State government.
Consider the following statements: 1. The Parliament (Prevention of Disqualification) Act, 1959 exempts several posts from disqualification on the grounds of 'Office of Profit'. 2. The above-mentioned Act was amended five times. 3. The term 'Office of Profit' is well-defined in the Constitution of India. Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 3 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer(a) 1 and 2 only — the 1959 Act exempts certain posts and has been amended several times, but the Constitution does not define 'office of profit'.
Directly tests the same office-of-profit disqualification concept — including the point that the Constitution leaves the term undefined and that legislatures exempt specific offices by law.
- practice — not a real PYQ
Disqualifications for membership of Parliament, as distinct from a State legislature, are dealt with under which Article of the Constitution?
- (a)Article 191
- (b)Article 102
- (c)Article 101
- (d)Article 122
Answer(b) Article 102 — it mirrors Article 191 but applies to members of Parliament.
- practice — not a real PYQ
Under Article 192, the question whether a member of a State legislature has become subject to a disqualification is decided by the Governor, who acts according to the opinion of:
- (a)the Speaker of the Assembly
- (b)the Chief Minister
- (c)the Election Commission
- (d)the High Court
Answer(c) the Election Commission — the Governor must obtain and act on the Election Commission's opinion.