Disqualifications For Membership Of Parliament

Disqualifications For Membership of Parliament

As per Article 102 (1), a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament if:
  • He holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;
  • He is of unsound mind and stands so declared by a competent court;
  • He is an undischarged insolvent;
  • He is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
  • He is so disqualified by or under any law made by Parliament.
  • Article 102 (2) states that a person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.

    The Parliament has laid down the following additional disqualifications in the Representation of People Act (1951)
  • He must not have been found guilty of certain election offences or corrupt practices in the elections.
  • He must not have been convicted for any offence resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification.  
  • He must not have failed to lodge an account of his election expenses within the time.
  • He must not have any interest in government contracts, works or services.
  • He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.
  • He must not have been dismissed from government service for corruption or disloyalty to the State.
  • He must not have been convicted for promoting enmity between different groups or for the offence of bribery.
  • He must not have been punished for preaching and practicing social crimes such as untouchability, dowry and sati.

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