Membership of State Legislature has been elaborated in Article 173 of the Constitution of India. It lays down the qualifications and disqualifications for individuals seeking membership of the state legislature. Members of State Legislative Assemblies and State Legislative Councils have varied qualifications, voting methods, and nomination procedures. The UPSC Indian Polity and Governance Syllabus includes the Membership of State Legislature which is discussed in this article.

State Legislature

• The state legislature occupies a pre-eminent and central position in the political system of a state.
• Articles 168 to 212 in Part VI of the Constitution deal with the organization, composition, duration, officers, procedures, privileges, powers and so on of the state legislature.
• The state legislature consists of the Governor and the legislature. Some states have bicameral ie. the Legislative Assembly and the Legislative Council and some have unicameral legislature.

Qualifications

• The Constitution lays down the following qualification for a person to be appointed as a member of the state legislature.
• He must be a citizen of India.
• He must make and subscribe to an oath or affirmation before the person authorized by the Election Commission for this purpose. In his oath or affirmation, he swears to bear true faith and allegiance to the Constitution of India and to uphold the sovereignty and integrity of India.
• He must be not less than 25 years of age in case of legislative assembly and not less than 30 in case of legislative council.
• He must possess other qualifications prescribed by parliament.

Accordingly, the parliament has laid down the following additional qualifications in the Representation of Peoples Act 1951

• A person to be elected to the legislative council must be an elector for an assembly constituency in the concerned state and to be qualified for the Governor’s nomination, he must be a resident in the concerned state.
• A person to be elected to the legislative assembly must be an elector for an assembly constituency in the concerned state.
• He must be a member of a scheduled caste or scheduled tribe if he wants to contest a seat reserved for them. Also they can contest a seat not reserved for them.

Disqualifications (Article 191)

Disqualifications under Constitution

Under the Constitution, a person shall be disqualified for being a member of the legislative assembly or legislative council

• If he holds any office of profit under the union or state government (except that of a minister or any other office exempted by state legislature)
• If he is of unsound mind and stands so declared by a court.
• If he is an undischarged insolvent.
• 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 to a foreign state.
• If he is so disqualified under any law made by parliament.

Disqualifications in Representation of Peoples Act 1951

• He must not have been found guilty of certain election offences or corrupt practices in the elections.
• He must not have been convicted for any offence resulting in imprisonment for two or more years. But the detention under a preventive detention law is not a disqualification.
• He must not have failed to lodge an account of his election expenses within time.
• He must not have any interest in government contracts, works or services.
• He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 percent share.
• He must not have been dismissed from government service for corruption or disloyalty to the state.
• He must not have been convicted for promoting enmity between different groups or for the offence of bribery
• He must not have been punished for preaching and practising social crimes such as untouchability, dowry and sati.
• On the question whether a member has become subject to any of the above disqualifications, the Governor’s decision is final. However, the Governor should obtain the opinion of the Election commission and act accordingly (Article 192).

Disqualifications on ground of Defection

• The Constitution lays down that a person shall be disqualified for being a member of either house under the provisions of 10th schedule.
• The question of disqualification under the 10th schedule is decided by the Speaker, in the case of legislative assembly and the chairman, in the case of legislative council.
• In 1992, the Supreme Court ruled that the decision of the chairman/speaker is subject to judicial review.

Oath or Affirmation

• Every member of either House has to make and subscribe an oath or affirmation before the governor or some person appointed by him.
• Unless a member takes the oath, he cannot vote and participate in the proceedings of the House and does not become eligible to the privileges and immunities of the state legislature.
• A person is liable to a penalty of 500 rs for each day if he sits or votes as a member in a house without taking oath or in case of prohibition by virtue of law made by Parliament or state legislature.
• Members of a state legislature are entitled to receive salaries and allowance as may from time to time be determined by the state legislature.

Vacation of seats (Article 190)

Double membership

• A person cannot be a member of both houses at one and the same time.
• If a person is elected to both the houses, his seat in one of the houses falls vacant as per the provisions of a law made by the state legislature.

Disqualifications

• If a member of the state legislature became subject to any of the disqualifications, his seat became vacant.

Resignation

• A member may resign his seat by writing to the chairman of legislative council or speaker of legislative assembly. The seat falls vacant when the resignation is accepted.

Absence

• A house of the state legislature can declare the seat of a member vacant if he absents himself from all its meetings for a period of 60 days without permission.

Other cases

• If his election is declared void by court.
• If he is expelled by the house.
• If he is elected to the office of president or vice president.
• If he is appointed to the office of Governor of a state.

Conclusion

Legislators play a pivotal role in shaping laws, policies, and budgets that directly impact their constituents' lives. They serve as advocates for their communities, striving to address pressing regional issues. Frequent changes in state governments due to defections, coalition dynamics, or no-confidence motions affect the functioning and tenure of MLAs, impacting their ability to focus on governance and development.

FAQs

MCQs

1. What is the minimum age required for a person to be a member of a State Legislative Assembly?

A) 21 years
B) 25 years
C) 30 years
D) 35 years

2. Who has the authority to decide the disqualification of a member under the Tenth Schedule?

A) Governor
B) Speaker of the Legislative Assembly
C) Election Commission
D) President of India

3. Which of the following is NOT a disqualification for being a member of a State Legislature?

A) Holding an office of profit
B) Being a foreign citizen
C) Being a director of a government-owned company
D) Being a member of a political party

4. What happens if a member of the State Legislature fails to take the oath?

A) They cannot vote
B) They cannot participate in House proceedings
C) They lose their seat
D) Both A and B

5. Under what condition can a seat in the State Legislature be declared vacant?

A) If the member resigns
B) If the member is absent for 60 days
C) If the member is disqualified
D) All of the above

GS Mains Questions and Model Answers

Q1: Discuss the qualifications and disqualifications for membership of the State Legislature. How do these provisions ensure the integrity of the legislative process?

Answer: The qualifications for membership of the State Legislature ensure that only individuals who are citizens of India and meet specific age criteria (25 years for the Legislative Assembly, 30 years for the Legislative Council) can participate. Additionally, members must take an oath of allegiance to the Constitution, ensuring their commitment to democratic principles. Disqualifications, such as holding an office of profit, being an undischarged insolvent, or having been convicted of serious offenses, safeguard the legislative process from corruption, conflicts of interest, and instability. These provisions aim to maintain the integrity, transparency, and functionality of the legislature, ensuring that only eligible and responsible individuals serve the people’s interests.

Q2: Explain the concept of "office of profit" and how it affects membership in the State Legislature. Provide examples of offices that are exempt from this disqualification.

Answer: The term "office of profit" refers to a position where an individual receives a salary or compensation from the government, potentially creating a conflict of interest. The Constitution disqualifies individuals holding such offices from being members of the legislature. However, certain offices are exempted, such as the office of a Minister in the state government or a post specifically exempted by law. The idea behind this provision is to prevent members of the legislature from using their legislative position for personal gain or undue influence, thereby ensuring the independence and impartiality of elected representatives.

Q3: Discuss the process of disqualification under the Tenth Schedule of the Indian Constitution. How has the role of the Speaker in disqualification cases evolved over time?

Answer: The Tenth Schedule of the Indian Constitution addresses the disqualification of members due to defection, prohibiting members from switching parties after election. The Speaker of the legislative assembly is tasked with deciding disqualification cases related to defection. Over time, the Supreme Court has ruled that the Speaker's decision is subject to judicial review, especially in cases where the Speaker’s actions may appear biased or influenced by political considerations. This evolution ensures that the process remains transparent and adheres to democratic principles, reducing the potential for misuse of power by the Speaker.

Previous Year Questions on State Legislature Membership

1. UPSC CSE Prelims 2021:

Question: Which of the following is a qualification for becoming a member of a State Legislature?

A) Must be a citizen of India
B) Must hold an office of profit under the state government
C) Must be at least 35 years old
D) Must be a member of a political party

Answer: (A)

Explanation: The individual must be a citizen of India to qualify as a member of the State Legislature. Holding an office of profit or being affiliated with a political party is not a requirement.

2. UPSC CSE Mains 2019 (GS Paper 2):

Question: "Examine the qualifications and disqualifications for membership of the State Legislature under the Indian Constitution." How do these provisions contribute to democratic governance?

Answer: The qualifications for membership ensure that only competent, dedicated individuals represent the people in the legislature. Disqualifications, such as being an undischarged insolvent or holding an office of profit, safeguard the legislative process from corruption, conflicts of interest, and instability. These provisions contribute to democratic governance by maintaining the integrity of the legislature, ensuring that members are not influenced by personal gain or external interests.

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