DISQUALIFICATION OF MLA

Constitutional

1. Article 191- disqualifications for State Legislative Assembly (SLA) or Legislative Council membership.

• Disqualification grounds include holding a government office of profit, being declared mentally unsound, undischarged insolvency, non-Indian citizenship, or allegiance to a foreign state.
• Parliament-made laws or disqualification on defection grounds under the 10^th Schedule are also covered. This involves changing party affiliation before or after an election.

Representation of the People Act (RPA), 1951

Disqualification Criteria:

1. Legislators convicted under the Prevention of Corruption Act (PCA), 1988, face a six-year disqualification if the penalty is a fine.
2. Imprisonment under the PCA results in disqualification from conviction until release and an additional six years.
3. Preventive detention doesn't cause disqualification.
4. Conviction stay or set aside is necessary to avoid disqualification.

Additional Disqualification Conditions:

1. No guilt in specific election offenses or corrupt practices.
2. No dismissal from government service due to corruption or disloyalty.
3. No conviction for promoting enmity, bribery, or failure to report election expenses on time.
4. No interest in government contracts, works, or services.
5. Not a director or managing agent in a government-held corporation.
6. No punishment for social crimes like untouchability, dowry, or sati.
7. Governor's Decision and Reversal:
   • Governor's decision on disqualification is final, with prior Election Commission consultation.
   • Disqualification can be overturned if a higher court grants a stay or decides an appeal in favour of the convicted lawmaker.