Section 15 of The Government of National Capital Territory of Delhi Act, 1991 in hindi
Disqualifications 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.
Summary
- A person cannot be chosen as or remain an Assembly member if they hold an office of profit (a paid government position) under the Government of India, any State, or any Union territory.
- An office of profit will not disqualify a person if it is specifically declared exempt by a law passed by Parliament, a State Legislature, or the Delhi Assembly.
- A person is disqualified if they are disqualified from being a member of Parliament under Article 102(1)(b), (c), or (d) of the Constitution, or under any national law made under that article.
- Serving as a Minister for the Union, a State, or a Union territory is not considered holding an office of profit and does not cause disqualification.
- If a dispute arises about whether a member is disqualified, the issue must be sent to the President of India for a final decision.
- Before making a decision, the President must ask the Election Commission for its opinion and must follow that opinion.
Practical examples
FAQ
1. What does holding an "office of profit" mean under Section 15?
It means holding a paid position or employment under the central government, any state government, or any union territory government, which gives financial benefit or profit to the holder.
2. Are there any offices of profit that do not disqualify a person?
Yes, if a law made by Parliament, a State Legislature, or the Delhi Assembly formally declares that a specific office does not disqualify its holder, a person holding that office can be a member.
3. Can the President decide a disqualification case independently?
No, the President must obtain the official opinion of the Election Commission of India and must act according to that opinion.
Test yourself
Q1.Under Section 15 of The Government of National Capital Territory of Delhi Act, 1991, whose decision is final on whether a member of the Legislative Assembly has become disqualified?
Q2.Under Section 15 of The Government of National Capital Territory of Delhi Act, 1991, what must the President do before deciding a disqualification question?
Q3.Under Section 15 of The Government of National Capital Territory of Delhi Act, 1991, which of the following is NOT a ground for disqualification?
Q4.Under Section 15 of The Government of National Capital Territory of Delhi Act, 1991, who can pass a law to declare that a particular office of profit does NOT disqualify its holder?