{"id":17825,"date":"2018-03-27T17:00:00","date_gmt":"2018-03-27T11:30:00","guid":{"rendered":"http:\/\/blog.forumias.com\/?page_id=17825"},"modified":"2018-03-27T17:00:00","modified_gmt":"2018-03-27T11:30:00","slug":"criteria-for-disqualification-of-mlas-in-india","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/criteria-for-disqualification-of-mlas-in-india\/","title":{"rendered":"Criteria for Disqualification of MLAs in India:"},"content":{"rendered":"<p><strong>According to the constitution, a person shall be disqualified as Member of Legislative Assembly (MLA) or Member of Legislative Council (MLC) if<\/strong>:<\/p>\n<ul>\n<li>he holds any office of profit under the Government of India or a state or an office declared by a law of the state,<\/li>\n<li>any competent court declares any member to be of unsound mind,<\/li>\n<li>he is charge-sheeted, bankrupt or insolvent,<\/li>\n<li>he is not a citizen of India,<\/li>\n<li>has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance or adherence to a foreign state.<\/li>\n<\/ul>\n<p><strong>According to Schedule 10 (Anti-Defection Act), a person shall be disqualified as Member of Legislative Assembly (MLA) or Member of Legislative Council (MLC) if:<\/strong><\/p>\n<ul>\n<li>an elected member voluntarily gives up his membership of a political party,<\/li>\n<li>an elected member votes or abstains from voting in such House contrary to any direction issued by his political party or anyone authorised to do so, without obtaining prior permission.<\/li>\n<\/ul>\n<p><strong>According to Representation of the People (RP) Act, 1951<\/strong> <strong>a person shall be disqualified as Member of Legislative Assembly (MLA) or Member of Legislative Council (MLC) if:<\/strong><\/p>\n<ul>\n<li>one is found guilty of an illegal practice in relation to election, and<\/li>\n<li>a person convicted of any offence and sentenced to imprisonment for varying terms under Sections 8 (1) (2) and (3).<\/li>\n<\/ul>\n<p><strong>Note: <\/strong><\/p>\n<p><strong><u>Office of Profit<\/u><\/strong><\/p>\n<ul>\n<li>The term office of profit has not been defined in the Constitution.<\/li>\n<li>But, articles 102 (1) and 191 (1), which give effect to the concept of office of profit, prescribe restrictions at the central and state level on lawmakers accepting government positions.<\/li>\n<\/ul>\n<p><strong>Principles of declaring Office of Profit:<\/strong><\/p>\n<p>Four broad principles have evolved for determining whether an office attracts the constitutional disqualification.<\/p>\n<ul>\n<li>whether the government exercises control over appointment, removal and performance of the functions of the office,<\/li>\n<li>whether the office has any remuneration attached to it,<\/li>\n<li>whether the body in which the office is held has government powers (releasing money, allotment of land, granting licences etc.), and<\/li>\n<li>whether the office enables the holder to influence by way of patronage.<\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>According to the constitution, a person shall be disqualified as Member of Legislative Assembly (MLA) or Member of Legislative Council (MLC) if: he holds any office of profit under the Government of India or a state or an office declared by a law of the state, any competent court declares any member to be of&hellip; <a class=\"more-link\" href=\"https:\/\/forumias.com\/blog\/criteria-for-disqualification-of-mlas-in-india\/\">Continue reading <span class=\"screen-reader-text\">Criteria for Disqualification of MLAs in India:<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-17825","page","type-page","status-publish","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/17825","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=17825"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/17825\/revisions"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=17825"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}