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1.4.2. Disqualifications

Under the Constitution, 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 Union or state government.

b) if he is of unsound mind and stands so declared by a 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

e) if he is so disqualified under any law made by Parliament.

Accordingly, Accordingly, the Parliament has prescribed a number of additional disqualifications in the Representation of People Act (1951). These are similar to those for Parliament. (Please refer to Union Legislature notes)

 

Disqualification on the grounds of Defection