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.

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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.

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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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