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Disqualification of the Members of Parliament

Article 102

The Constitution’s Article 102 contains the disqualification clause for Members of Parliament. Under certain circumstances, an individual is prohibited from running for office and serving as a member of parliament, according to the law if he holds any paid positions with the federal or local governments, (except that of a minister or any other office exempted by Parliament). If a judge has determined that he is mentally incompetent. Whether he is an unsolved bankrupt.

If the person is not an Indian citizen, has chosen to become a citizen of another country, has pledged allegiance to another country, or is otherwise ineligible under a rule passed by Parliament.

Representation of the People Act of 1951

According to the Representation of the People Act of 1951, a person will lose their right to vote if found guilty and receive a sentence of two years or longer in jail. The individual is ineligible for six additional years in addition to the sentenced time. 

Some exceptions apply to lawmakers who are currently in office. For sitting members, there is an exception: they have three months from the date of conviction to file an appeal, and the disqualification will not take effect until the case is resolved.

Anti defection Law

An individual who is disqualified from serving in Parliament due to defection in accordance with the terms of the Tenth Schedule is also prohibited by the Constitution. The Chairman of the Rajya Sabha and the Speaker of the Lok Sabha deliberate on the issue of disqualification under the tenth Schedule, respectively. (and not by the president of India). The Supreme Court ruled in 1992 that the Chairman/Speaker’s decision in this matter is open to judicial review. The defection rule disqualifies a member as follows:

  • if he willingly renounces his membership in the political party that nominated him for the House;
  • if he votes in the House against any instructions from his political party or abstains;
  • If any member who was independently elected enters a political party; and If any member who was nominated joins a political party after the six-month period has passed.

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