Understanding Article 191(1)(e)

Article 191(1)(e) of the Indian Constitution outlines the various grounds on which a member of the Legislative Assembly or Legislative Council of a state can be disqualified. These include:

• Holding an office of profit
• Being of unsound mind or insolvent
• Being a non-citizen or voluntarily acquiring citizenship of a foreign country.
• Pledging allegiance or adherence to a foreign state.
• If an MLA or an MLC is “disqualified by or under any law made by Parliament”

Read more about: Anti-defection Law

The Role of ECI in Disqualification:

• According to the Constitution, the Election Commission has advisory jurisdiction over post-election disqualification matters.
• The Commission's opinion in these matters is binding on the President or the Governor to whom the opinion is submitted.
• Cases of lawmakers found guilty of corrupt practices at elections that are brought before the Supreme Court and High Courts are also referred to the Commission for its opinion.
• The Commission has the power to disqualify a person who has failed to submit an account of his election expenses within the specified time.

Other Responsibilities of the ECI:

• It demarcates the territorial areas of the electoral constituencies based on the Delimitation Commission .
• The Commission is responsible for preparing and revising electoral rolls and registering voters.
• It grants recognition to political parties and assigns election symbols to them.
• The Election Commission ensures fair competition among the political parties during elections.
• It enforces strict compliance with the Model Code of Conduct, which is agreed upon by all political parties.

Looking Ahead: The political parties need to reach a consensus on the important issue of their own disqualification if they are to take action. The ruling government must uphold constitutional values and democratic principles. The judiciary also has a role in ensuring checks and balances in case of any deviation by any arm of the government.