Article 191 of the Indian Constitution specifies the grounds for disqualification for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State. While Article 191(1) lists general grounds applicable to both State Legislatures and Parliament (like holding an office of profit, being of unsound mind, being an undischarged insolvent, etc.), Article 191(2) was specifically added to address disqualifications arising from the anti-defection law.
This clause links the membership of state legislators directly to the provisions of the Tenth Schedule of the Constitution, ensuring that the rules governing defection apply equally to members of State Legislatures as they do to Members of Parliament. It serves as a crucial constitutional backing for disqualification on grounds of defection at the state level.
Original Text
(2) A person shall be disqualified for being a member of the Legislative Assembly or the Legislative Council of a State if he is so disqualified under the Tenth Schedule.
Detailed Explanation
Article 191(2) is a concise but significant clause in the Indian Constitution, specifically targeting the issue of political defection among members of State Legislatures (MLAs and MLCs). This clause was not part of the original Constitution; it was inserted by the Constitution (Fifty-second Amendment) Act, 1985.
The primary function of Article 191(2) is to make the grounds for disqualification specified in the Tenth Schedule applicable to members of State Legislative Assemblies and Councils. Without this specific clause, the disqualification provisions related to defection contained in the Tenth Schedule would not automatically apply to state legislators under the umbrella of Article 191.
The Tenth Schedule outlines the circumstances under which a Member of Parliament or a member of a State Legislature shall be disqualified on the ground of defection. These include:
- Voluntarily giving up the membership of the political party by which they were set up as a candidate.
- Voting or abstaining from voting in the House contrary to any direction (whip) issued by their political party, unless such action is condoned by the party within fifteen days.
- An independently elected member joining any political party after the election.
- A nominated member joining any political party after the expiry of six months from the date on which they take their seat.
The decision regarding disqualification under the Tenth Schedule is ordinarily made by the presiding officer of the House (the Speaker in the case of a Legislative Assembly and the Chairman in the case of a Legislative Council). Article 191(2), by referencing the Tenth Schedule, constitutionally mandates that such a disqualification renders the individual ineligible to be a member of the state legislature.
This provision, along with the Tenth Schedule, aims to bring stability to the political process by curbing frequent and often motivated floor-crossing by legislators, which had become a significant issue leading to governmental instability, especially at the state level, prior to its enactment.
Detailed Notes
- Constitutional Provision: Article 191, Clause (2).
- Part: Part VI (The States).
- Schedule Referenced: Tenth Schedule (Added by 52nd Amendment Act, 1985).
- Subject Matter: Disqualification for membership of State Legislative Assembly or Legislative Council.
- Specific Ground: Disqualification under the Tenth Schedule.
- Addition: This clause was inserted by the Constitution (Fifty-second Amendment) Act, 1985.
- Purpose: To extend the applicability of the Anti-Defection Law (Tenth Schedule) to members of State Legislatures.
- Linkage: Directly links the disqualification provisions of the Tenth Schedule to the eligibility criteria for state legislators under Article 191.
- Grounds under Tenth Schedule (Relevant to 191(2)):
- Voluntarily giving up membership of the original political party.
- Voting/abstaining against party whip (without condonation).
- Independent MLA/MLC joining a party after election.
- Nominated MLA/MLC joining a party after 6 months.
- Decision Making Authority: The presiding officer of the House (Speaker of Assembly, Chairman of Council) decides on disqualification under the Tenth Schedule.
- Judicial Review: The decision of the presiding officer under the Tenth Schedule is subject to judicial review (as established in Kihoto Hollohan vs. Union of India, 1992).
- Relation to 191(1): Article 191(1) lists other general disqualifications (office of profit, unsound mind, non-citizen, etc.). Article 191(2) provides an additional, specific ground related to defection.
- Significance: Essential for the operation of the anti-defection law at the state level; promotes party discipline and political stability by penalizing defection.
Additional Comments
- Article 191(2) is crucial because it constitutionally anchors the anti-defection provisions of the Tenth Schedule within the grounds for disqualification for state legislators.
- The introduction of this clause and the Tenth Schedule marked a significant shift in Indian politics, aiming to curb the ‘Aaya Ram Gaya Ram’ phenomenon (frequent floor-crossing) that led to significant political instability in the past, particularly in states.
- The decision-making power on disqualification under the Tenth Schedule rests with the presiding officer, but this power is not absolute and is subject to judicial scrutiny, which is a vital check and balance ensuring fairness and adherence to constitutional principles.
- The Tenth Schedule itself has undergone amendments (e.g., the 91st Amendment Act, 2003 changed the provisions related to splits and mergers), which directly impacts the application of Article 191(2).
- Understanding Article 191(2) requires a thorough knowledge of the Tenth Schedule and the landmark Supreme Court judgments interpreting it, such as Kihoto Hollohan vs. Union of India.
Summary
Article 191(2) of the Indian Constitution, inserted by the 52nd Amendment in 1985, stipulates that a person is disqualified from being a member of a State Legislative Assembly or Legislative Council if they are disqualified under the provisions of the Tenth Schedule. The Tenth Schedule details the grounds for disqualification based on defection, such as voluntarily giving up party membership or voting against the party whip. Decisions on such disqualifications are made by the presiding officer of the state legislature house and are subject to judicial review. This article is fundamental to the application of the anti-defection law at the state level, aimed at promoting political stability and party discipline.