Disqualification of Member of Legislative Assembly or Legislative Council of a State
V.
Prakash @ G.N.V. Prakash vs M/S P.S. Govindaswamy Naidu And others
The ‘Green
Card’ was a mere privilege and did not terminate the Indian citizenship
automatically.
It is one
of the way to attain US citizenship. It alone does not confer citizen of US
states. If the card holder violates, he will lose the green card holder status.
One can voluntarily give up the card. Hence, merely because, the plaintiff is a
green card holder, his Indian citizenship will not be declined automatically.
====================
Amit
Sahni vs Commissioner Of Police
The
Legislature, in its wisdom, enacted the Citizenship (Amendment) Act, 2019,
which has its share of supporters and opponents. The Legislature performed its
task. A section of the society, aggrieved by this legislative amendment, has
filed petitions before this Court under Article 32 of the Constitution of
India, assailing the constitutionality and legality of this amendment.
==============
Pradeep
Kumar Sonthalia vs Dhiraj Prasad Sahu @ Dhiraj Sahu
Article 191
of the Constitution speaks of the circumstances under which a person will be
treated as disqualified (i) either for being chosen as (ii) or for being , a
member of the State Legislative Assembly. The language of Article 191 makes it
clear that it covers both a contest in an election and the continuance in
office after getting elected. It reads as follows: -
“191.
Disqualifications for membership (1) A person shall be disqualified for being
chosen as, and for being, a member of the Legislative Assembly or Legislative
Council of a State
(a) if he
holds any office of profit under the Government of India or the Government of
any State specified in the First Schedule, other than an office declared by the
Legislature of the State by law not to disqualify its holder;
(b) if he
is of unsound mind and stands so declared by a competent court;
(c) if he
is an undischarged insolvent;
(d) 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 or adherence to a
foreign State;
(e) if he
is so disqualified by or under any law made by Parliament [Explanation.- For
the purposes of this clause] a person shall not be deemed to hold an office of
profit under the Government of India or the Government of any State specified
in the First Schedule by reason only that he is a Minister either for the Union
or for such State.
[(2) A
person shall be disqualified for being a member of the Legislative Assembly or
Legislative Council of a State if he is so disqualified under the Tenth
Schedule]”
Article 191
(1) of the Constitution deals with five different grounds of disqualification.
They are (i) holding an office of profit as specified in the First Schedule;
(ii) unsoundness of mind, which stands so declared by a competent Court; (iii)
undischarged insolvency; (iv) absence of citizenship of India or acquisition of
citizenship of a foreign State etc.; and (v) disqualification by or under any
law made by Parliament.
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Read more about citizenship here
Note: This is not the complete
judgment. Consists of only relevant portion of the original judgment.
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