Let's understand the grounds for disqualification for members of the State Legislature in India, as outlined in the Constitution.

Article 191: Disqualification Grounds for State Legislatures

Article 191 of the Indian Constitution specifies the conditions under which a person is disqualified from being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a state. One of the key grounds for disqualification is holding an 'office of profit'.

What is 'Office of Profit'?

The term 'office of profit' is not explicitly defined in the Constitution. However, it generally refers to a position under the government (central or state) that brings some financial gain, advantage, or benefit. Holding such an office can potentially influence a legislator's ability to discharge their duties impartially, hence the disqualification rule.

Disqualification Due to Holding Office of Profit

According to Article 191(1)(a), a person is disqualified if they hold any office of profit under the Government of India or the Government of any State, other than an office declared by the State Legislature by law not to disqualify its holder.

Analysing the Question Statements

The question asks whether a person is disqualified if they hold an office of profit under:

1. the Government of India.
2. any State Government.

Based on the provisions of Article 191(1)(a):

• Statement 1: Holding an office of profit under the Government of India is a stated ground for disqualification, unless exempted by state law.
• Statement 2: Holding an office of profit under any State Government is also a stated ground for disqualification, unless exempted by state law.

The Article explicitly mentions both the Government of India and the Government of any State as entities under which holding an office of profit leads to disqualification (subject to the exceptions mentioned). Therefore, a person is disqualified if they hold such an office under either government (unless exempted).

Conclusion on Disqualification Criteria

Both conditions mentioned in the question are grounds for disqualification for a member of a State Legislative Assembly or Legislative Council under Article 191 of the Constitution of India, unless an exemption applies by law passed by the state legislature.

Revision Table: State Legislature Disqualification

Additional Information: Office of Profit

The concept of 'office of profit' has been a subject of legal interpretation by courts. Key aspects include:

• It's not just about receiving salary or monetary benefit, but the power and influence associated with the position.
• The Parliament and State Legislatures have the power to make laws declaring certain offices not to disqualify a person from being a member. This is often done to exempt ministers and certain other positions.
• The intention behind the rule is to prevent conflict of interest and maintain the independence of the legislature from the executive.