• Lex Specialis

Qualification and Disqualification of Members of Parliament and State Legislatures

Anish Jandial


Parliament

  • Qualification for Membership of Parliament

Qualifications vital for turning into a member of parliament is given in Article 84 of the Indian Constitution. Following are the capabilities:

  1. he/she ought to be a citizen of India.

  2. On account of Upper House,i.e. Rajya Sabha, he/she ought to have finished in any event 30 years old and for Lower House,i.e. Lok Sabha, he/she ought to have finished 25 years old.

  3. he/she has to consent to other such qualifications as recommended in any law by the Indian Parliament.

Now, let us investigate grounds on which one can be excluded as a Member of Parliament.

  • Disqualification for Membership of Parliament

Article 102 of the Indian Constitution lays the grounds on which a legislator can be excluded as an individual from the Parliament. Those grounds are:

  1. On the off chance that he/she holds any office of profit under the Government of India or any of the states;

  2. On the off chance that he/she is proclaimed of the unsound mind by a Court;

  3. In the event that he/she is an undischarged bankrupt;

  4. In the event that he/she isn't a citizen of India any longer;

  5. In the event that he/she is precluded by ideals of any law passed by the parliament of India.

  6. Office of Profit

As it is a ground for exclusion as an individual from Parliament, it is basic to comprehend what precisely does the office of benefit implies. Office of benefit alludes to any post or position under central or state government which brings salaries, rewards, advantages and different benefits to the person. Be that as it may, the amount of benefit picked up is unessential under this preclusion.


Under Section 9 of the Representation of People Act and Article 191(1)(a) of the Indian Constitution, it is imagined that no delegate should bear any office of benefit

  • Disqualifications under the Representation of Peoples Act

An individual from parliament can likewise be excluded under the Representation of Peoples Act, 1951. This demonstration was passed by the Parliament under Article 327 of the Indian Constitution, which accommodates the system and the procedure to be followed during the election to Parliament and state governing bodies. Following are the grounds:

  1. In the event that he/she is indicted for corrupt practices during the election or any other election-related offenses.

  2. In the event that he/she is indicted under specific acts of Indian Penal Code, Unlawful Activities Prevention Act, Prevention of Terrorism Act 2002, and so on.

  3. In the event that he/she is indicted under any law that outcomes for in any event two years of imprisonment and will stay disqualified for a further 6 years after his release.

  4. In the event that he/she is sentenced under any law identifying with drugs or dowry prevention.

  5. Excusal from the administration because of unfaithfulness or association in corrupt practices.

  6. In the event that he/she neglects to hold up their election expense.

  • Disqualification on ground of defection

With the 52nd amendment to the Indian Constitution, arrangements in regards to the disqualification of the basis of defection were embedded in the tenth schedule of the Indian Constitution. According to the arrangements, the individuals can be excluded on the accompanying grounds:

  1. At the point when individuals from an ideological group don't maintain his/her gathering administration or willfully leaves the party.

  2. At the point when individuals don't cast a vote or cease from casting a vote as indicated by his/her party whip.

  3. An Independent part stands excluded on the off chance that he/she joins a political party.

  4. For selected individuals, on the off chance that he/she isn't an individual from any political party, he/she if needed, has to join a political party within 6 months of nomination or membership stands canceled.


State Legislature

  • Qualifications of Membership

Let's talk about what are the capabilities that one requires for being an individual from the Legislative Assembly/Council. The capability of enrollment is given in Article 173 of the Indian Constitution. For the participation or for filling a seat in the lawmaking body of the State, an individual must be a citizen of India. An individual won't be conceded enrollment on the off chance that he/she isn't a citizen of that nation. Additionally, the capability of the enrollment is to some degree like the capability to the participation of the central legislature. Individuals from the Legislative Assembly ought to be over 25 years. For being an individual from the Legislative Council one ought to be over 30 years. Likewise, an essential condition for being an individual from councils incorporates that he/she must be a voter from any of the constituencies of the state.

  • Disqualifications of Membership

In the wake of being chosen/nominated as a member of the legislature, one can not be a changeless individual from the legislature. There are sure reasons referenced in the Constitution by which an individual might be precluded from his/her participation in the Legislature. Article 191 discusses the exclusion of individuals from the Legislature.


Exclusion of MLA/MLC can be made on the accompanying grounds:

  1. On the off chance that one holds the office of benefit under the state or central government.

  2. In the event that one is of the unsound mind and is pronounced so by the competent court.

  3. In the event that one is an undischarged indebted.

  4. In the event that one isn't a citizen of the nation any longer or when he/she willfully took the citizenship of another nation.

  5. On the off chance that one is excluded by the law of the Parliament. Example- Anti defection law.

Recent Posts

See All

The Theory of Basic Structure

Ajay T.K. Introduction The Constitution empowers the Parliament and the State Legislatures to make laws within their respective jurisdictions. Bills to amend the constitution can only be introduced in

Essential Features of the Indian Constitution

Ajay T.K. Features of Indian Constitution The constitution of India was created by a constituent assembly and not by the Parliament of India. It was adopted by its people with a declaration in its pre

Constitution – The Fundamental Law of the Land

Ajay T.K. The Republic of India is the world’s seventh largest country in terms of geographical size. It is a unique country with its secular, diverse, and democratic society. India is a federal state