Lawgist15Disqualifications for membership
(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly—
(a) if he holds any office of profit under the Government of India or the Government of any State or the Government of any Union territory other than an office declared by law made by Parliament or by the Legislature of any State or by the Legislative Assembly of the Capital or of any other Union territory not to disqualify its holder; or
(b) if he is for the time being disqualified for being chosen as, and for being, a member of either House of Parliament under the provisions of sub-clause (b), sub-clause (c) or sub-clause (d) of clause (1) of article 102 or of any law made in pursuance of that article.
(2) For the purposes of this section, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State or the Government of any Union territory by reason only that he is a Minister either for the Union or for such State or Union territory
(3) If any question arises as to whether a member of the Legislative Assembly has become disqualified for being such a member under the provisions of sub-section (1), the question shall be referred for the decision of the President and his decision shall be final.
(4) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.
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- 3 Legislative Assembly and its composition
- 4 Qualifications for membership of Legislative Assembly
- 5 Duration of Legislative Assembly
- 6 Sessions of Legislative Assembly, prorogation and dissolution
- 7 Speaker and Deputy Speaker of Legislative Assembly
- 8 Speaker or Deputy Speaker not to provide while a resolution for his removal from office is under consideration
- 9 Right of Lieutenant Governor to address and send messages to Legislative Assembly
- 10 Special address by the Lieutenant Governor
- 11 Rights of Ministers as respects Legislative Assembly
- 12 Oath or affirmation by members
- 13 Voting in Assembly, power of Assembly to act notwithstanding vacancies and quorum
- 14 Vacation of seats
- 15 Disqualifications for membership
- 16 Disqualification on ground of defection
- 17 Penalty for sitting and voting before making oath or affirmation or when not qualified or when disqualified
- 18 Powers, privileges, etc., of members
- 19 Salaries and allowances of members
- 20 Exemption of property of the Union form taxation
- 21 Restrictions on laws passed by Legislative Assembly with respect to certain matters
- 22 Special provisions as to financial Bills
- 23 Procedure as to lapsing of Bills
- 24 Assent to Bills
- 25 Bills reserved for consideration
- 26 Requirements as to sanction, etc
- 27 Annual financial statement
- 28 Procedure in Legislative Assembly with respect to estimates
- 29 Appropriation Bills
- 30 Supplementary, additional or excess grants
- 31 Votes on account
- 32 Authorisation of expenditure pending its sanction by Legislative Assembly
- 33 Rules of procedure
- 34 Official language or languages of the Capital and language or languages to be used in Legislative Assembly
- 35 Language to be used for Bills, Acts, etc
- 36 Restriction on discussion in the Legislative Assembly
- 37 Courts not to inquire into proceedings of Legislative Assembly
