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Question

The disqualification of the membership of a State Legislature is laid down in which Article of the Indian Constitution?

The correct answer is

Article 191

State Legislature Disqualification in the Indian Constitution

Let's understand the question asked. The question is about the specific Article in the Indian Constitution that deals with the disqualification of members of a State Legislature.

The Indian Constitution lays down rules about who can be a member of the State Legislature and the conditions under which they can lose their membership. This is an important aspect of parliamentary democracy and ensuring the integrity of the legislative bodies.

Analyzing the Options for State Legislature Disqualification

Let's look at the options provided:

  • Article 190
  • Article 144
  • Article 191
  • Article 14

We need to identify which of these Articles specifically addresses the grounds for disqualification of a member of the State Legislature (either the Legislative Assembly or the Legislative Council).

Detailed Explanation of Relevant Articles

Let's examine the roles of these articles in the Indian Constitution:

  • Article 190: This Article deals with the Vacation of Seats in the State Legislature. It outlines situations where a member's seat becomes vacant, such as holding dual membership (of both Houses of a State Legislature or of a State Legislature and Parliament), resignation, absence without permission, or being disqualified. While related to losing membership, it doesn't list the specific grounds for disqualification itself.
  • Article 144: This Article falls under Part VI, Chapter VI (Subordinate Courts). It deals with "Civil and judicial authorities to act in aid of the Supreme Court". This Article is completely unrelated to the State Legislature or its members' disqualifications.
  • Article 191: This Article falls under Part VI, Chapter III (The State Legislature). It is titled "Disqualifications for membership". This Article explicitly lists the grounds on which a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or the Legislative Council of a State. These grounds include holding an office of profit under the Government, being of unsound mind, being an undischarged insolvent, not being a citizen of India, or being disqualified by or under any law made by Parliament. This Article directly addresses the question of disqualification.
  • Article 14: This Article falls under Part III (Fundamental Rights). It deals with "Equality before law". This Article guarantees that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. This Article is a fundamental right and is not related to the disqualification of State Legislature members.

Determining the Correct Article for Disqualification

Based on the analysis of the Articles, Article 191 is the one that specifically details the grounds for the disqualification of the membership of a State Legislature. Article 190 mentions that a seat can become vacant if a member is disqualified, but Article 191 lists what those disqualifications are.

Therefore, the correct Article that lays down the disqualification of the membership of a State Legislature is Article 191.

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