THE DRAFT CONSTITUTION 177
THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 209
(3) If a member of a House of the Legislature of a State— (a) becomes subject to any of the disqualifications mentioned in clause (1) of the next succeeding article; or 5
(b) resigns his seat by writing under his hand addressed to the Speaker or the Chairman, as the case may be,
his seat shall thereupon become vacant.
(4) If for a period of sixty days a member of a 10 House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall be taken of any period 15 during which the House is prorogued or is adjourned for more than four consecutive days. Disqualifi- 167. (1) A person shall be disqualified for being cations for chosen as, and for being, a member of the Legislative membership. Assembly or Legislative Council of a State— 20 (a) if he holds any office of profit under the Government of India or the Government of any State for the time being specified in the First Schedule other than an office declared by the Legislature of the State 25 by law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent; *(d) if he is under any acknowledgment of alle- 30 giance or adherence to a foreign power, or is a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power;
(e) if he is so disqualified by or under any law 35 made by the Legislature of the State.
(2) For the purposes of this article, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State for the time being specified in the First Schedule by 40 reason only that— (a) he is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or
*The Committee has inserted this sub-clause following the provisions of section 44 (i) of the Australia Constitution Act,