The Constitution prescribes certain qualifications for becoming a member of Parliament and provides grounds on which a person may be disqualified.
The main constitutional provisions are:
Article 84 → Qualifications
Article 102 → Disqualifications
Parliament has also been given power to prescribe additional qualifications and disqualifications through law.
Deals with:
Qualifications for membership of Parliament
Deals with:
Disqualifications for membership of Parliament
These provisions apply to membership of:
A person must satisfy the following basic constitutional requirements.
The person must be:
A citizen of India
The person must make and subscribe to the prescribed:
Oath or affirmation
before a person authorised for this purpose.
The oath is given according to the:
Third Schedule
The minimum age differs between the two Houses.
25 years
30 years
Lok Sabha → 25
Rajya Sabha → 30
The Constitution also allows Parliament to prescribe additional qualifications by law.
The principal legislation is the:
Representation of the People Act, 1951
| Requirement | Lok Sabha | Rajya Sabha |
|---|---|---|
| Citizenship | Indian citizen | Indian citizen |
| Minimum age | 25 years | 30 years |
| Oath/Affirmation | Required | Required |
| Other qualifications | Prescribed by Parliament | Prescribed by Parliament |
A person can be disqualified from being chosen as, or for being, a member of Parliament on specified grounds.
The main constitutional grounds include:
A person is disqualified if they hold an:
Office of profit under the Government of India or the Government of any State
unless Parliament has declared that the office does not disqualify its holder.
The provision aims to prevent:
Conflict of interest
and excessive influence of the executive over legislators.
Not every office under the government automatically creates disqualification.
Parliament can declare certain offices to be:
Not disqualifying
through legislation.
The key principle is:
Office under government + profit + no statutory exemption → Possible disqualification
A person is disqualified if they are:
Of unsound mind
and:
A competent court has declared them so
A mere allegation of mental illness or unsoundness is not enough.
There must be:
Declaration by a competent court
A person is disqualified if they are:
An undischarged insolvent
This refers to a person who has been legally declared insolvent and has not been discharged from that status.
Undischarged Insolvent → Disqualification
A person is disqualified if they are:
Foreign citizenship / allegiance → Disqualification
Article 102 also provides for disqualification under:
Any law made by Parliament
This is important because Parliament has enacted laws prescribing additional grounds of disqualification.
The most important legislation is:
Representation of the People Act, 1951
The Representation of the People Act, 1951 provides additional grounds of disqualification.
These include certain situations involving:
A person may be disqualified upon conviction for certain offences under the:
Representation of the People Act, 1951
Section 8 contains important provisions regarding:
Disqualification on conviction for certain offences
Do not assume that every criminal conviction automatically produces the same period or consequence of disqualification.
The exact consequence depends on:
The offence + statutory provision
A person found guilty of certain:
Corrupt practices
under election law can face disqualification.
This helps maintain:
Integrity of the electoral process
Holding certain contracts with the appropriate government can lead to disqualification under the Representation of the People Act, subject to the statutory conditions and exceptions.
Legislator + conflicting government contract → Possible disqualification
Certain dismissals from government service for:
can result in disqualification for the period prescribed by law.
Another important ground of disqualification arises under:
Tenth Schedule
This is commonly known as:
Anti-Defection Law
It was introduced by the:
52nd Constitutional Amendment Act, 1985
A member may be disqualified if:
A member does not necessarily have to formally resign from the party.
Conduct may demonstrate that the member has:
Voluntarily given up party membership
A member may be disqualified if they:
Vote or abstain from voting
contrary to the directions of their political party without obtaining the required permission.
The party may condone the action within the period prescribed by the Tenth Schedule.
An elected member who contests an election as:
Independent
can be disqualified if they:
Join a political party after election
A nominated member can join a political party within:
Six months of taking their seat
without attracting disqualification on that ground.
If they join a political party:
After six months
they may attract anti-defection disqualification.
The decision-making authority depends on the type of disqualification.
In specified cases, the question is decided by the:
President
The President acts according to the:
Opinion of the Election Commission
Article 103 deals with:
Decision on questions as to disqualifications of members
If a question arises regarding a member's disqualification under Article 102(1), the question is referred to the:
President
Before deciding, the President must obtain the:
Opinion of the Election Commission
The President must act according to that opinion.
Article 103 → President + Election Commission
Disqualification under the:
Tenth Schedule
is decided by the:
Speaker or Chairman of the House
depending on whether the member belongs to Lok Sabha or Rajya Sabha.
This is different from Article 103 disqualification.
Article 103 → President + EC
Tenth Schedule → Speaker/Chairman
Decisions relating to disqualification are not completely beyond judicial scrutiny.
The Supreme Court has recognised that decisions under the Tenth Schedule can be subject to:
Judicial Review
The Supreme Court examined the:
Anti-Defection Law
and upheld the constitutional validity of the Tenth Schedule, while recognising the availability of:
Judicial Review
over decisions of the Speaker or Chairman.
Kihoto Hollohan → Anti-Defection + Judicial Review
The Supreme Court struck down the provision that had allowed convicted legislators to avoid immediate disqualification merely by filing an appeal.
The judgment strengthened the rule of:
Immediate disqualification upon conviction where Section 8 of the Representation of the People Act applies
subject to the statutory framework.
Lily Thomas → Conviction + Disqualification
Answers:
Who can become a Member of Parliament?
Examples:
Answers:
Who cannot become or continue as a Member of Parliament?
Examples:
| Qualification | Disqualification |
|---|---|
| Article 84 | Article 102 |
| Citizenship | Loss of citizenship |
| Minimum age | Office of profit |
| Oath/Affirmation | Unsound mind |
| Other statutory qualifications | Insolvency |
| — | Conviction under election law |
| — | Anti-defection |
| Article | Subject |
|---|---|
| Article 84 | Qualifications for Parliament |
| Article 99 | Oath or affirmation by members |
| Article 102 | Disqualifications |
| Article 103 | Decision on disqualification |
| Tenth Schedule | Anti-Defection |
Article 84 → Qualifications
Article 102 → Disqualifications
Article 103 → Decision on certain disqualifications
Lok Sabha minimum age → 25
Rajya Sabha minimum age → 30
Oath → Third Schedule
Anti-Defection → Tenth Schedule
52nd Amendment, 1985 → Anti-Defection
President decides Article 102(1) questions → According to Election Commission's opinion
Tenth Schedule disqualification → Speaker/Chairman
"Minimum age for Rajya Sabha is 25 years."
False
It is:
30 years
"Every person holding a government office is automatically disqualified."
False
The constitutional rule concerns an:
Office of profit
and Parliament can exempt specified offices.
"Unsound mind is automatically a disqualification."
False
The person must have been:
Declared of unsound mind by a competent court
"All criminal convictions automatically disqualify a person."
False
Disqualification depends on:
Relevant statutory provisions
particularly the Representation of the People Act.
"The Election Commission directly disqualifies MPs under Article 103."
False
The:
President
decides the question after obtaining the:
Election Commission's opinion
"The Speaker has the final and completely unreviewable authority in anti-defection cases."
False
Tenth Schedule decisions are subject to:
Judicial Review
"An independent MP can join a political party after election without consequences."
False
An independent member joining a political party after election can attract:
Anti-defection disqualification
"A nominated member can never join a political party."
False
A nominated member may join a political party within:
Six months of taking the seat
without attracting disqualification on that ground.
Article 84
↓
Qualifications
↓
Citizen + Oath + Age
↓
LS 25 / RS 30
Article 102
↓
Disqualifications
↓
Office of Profit
Unsound Mind
Insolvency
Citizenship
Parliamentary Law
Article 103
↓
President
+
Election Commission's Opinion
Tenth Schedule
↓
Anti-Defection
↓
Speaker / Chairman
↓
Judicial Review
Qualifications and disqualifications are essential for maintaining the:
Integrity + Accountability + Representative character
of Parliament.
The constitutional framework combines:
Article 84 → Entry requirements
Article 102 → Disqualification grounds
Article 103 → Institutional decision-making
Tenth Schedule → Party discipline
However, anti-defection provisions must be balanced with:
Legislative independence + Freedom of expression + Democratic accountability
Thus, the framework seeks to ensure that Parliament remains both:
Representative and accountable