Disqualifications for membership
Article 102 — Disqualifications for membership
disqualified for being chosen as, and for being, a member of either House of Parliament—
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(a) 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;]
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(b) if he is of unsound mind and stands so declared by a competent court;
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(c) if he is an undischarged insolvent;
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(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;
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(e) if he is so disqualified by or under any law made by Parliament.
Explanation.—For the purposes of this clause] a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State. (2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.] 103. Decision on questions as to disqualifications of members.— (1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final.
(2) 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.]
Plain English Summary
This article lists the reasons why a person cannot be elected or chosen as a member of either house of the Indian Parliament. These disqualifications include holding certain government jobs, being of unsound mind, being an undischarged bankrupt, not being an Indian citizen, or being subject to certain laws made by Parliament.
Key Points
- Office of Profit: A person is disqualified if they hold a government job (profit) unless that office is specifically allowed by law.
- Mental Capacity: Being declared of unsound mind by a court leads to disqualification.
- Financial Status: Being an undischarged insolvent (bankrupt) is a disqualification.
- Citizenship: Not being an Indian citizen, or having acquired foreign citizenship, is a disqualification.
- Parliamentary Law: Disqualifications set by any law made by Parliament also lead to disqualification.
Why It Matters
This article ensures that members of Parliament are fit and suitable individuals who meet basic constitutional requirements, maintaining the integrity of the legislative body.
Landmark Judgements
No major landmark judgements.