Disqualifications of Members

Disqualifications of Members

- Constitution of India

Disqualifications of Members

Article 101 Vacation of seats

(1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.
(2) No person shall be a member both of Parliament and of a House of the Legislature of a State, and if a person is chosen a member both of Parliament and of a House of the Legislature of
a State, then, at the expiration of such period as may be specified in rules made by the President, that person's seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.
(3) If a member of either House of Parliament -
(a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 102 ; or
(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be, his seat shall thereupon become vacant:
Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.
(4) If for a period of sixty days a member of either House of Parliament it without permission of the House absent from all meetings thereof, the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

Article 102 Disqualifications for membership

(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament -
(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;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if 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;
(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.

Article 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.

Article 104 Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified
If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 99 , or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.


Constitution of India

Preamble
Union and its Territory
Citizenship
Fundamental Rights
General Fundamental Rights
Right to Equality
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Saving of Certain Laws
Right to Constitutional Remedies
Directive Principles Of State Policy
Fundamental Duties
Union
Executive
President and Vice President
Council of Ministers
Attorney General for India
Conduct of Government Business
Parliament
General Parliament
Officers of Parliament
Conduct of Business
Disqualifications of Members
Parliament and its Members
Legislative Procedure
Procedure in Financial Matters
Procedure Generally
Legislative Powers of the President
Union Judiciary
Comptroller and Auditor General of India
General The States
Governor
Advocate General for the State
State Legislature
General State Legislature
Officers of the State Legislature
Powers Privileges and Immunities
Legislative Power of The Governor
High Courts in the States
Subordinate Courts
States in Part B of the First Schedule
Union Territories
Panchayats
Municipalities
Scheduled and Tribal Areas
Relations Between The Union and the States
Legislative Relations
Administrative Relations
General Administrative Relations
Disputes relating to Waters
Co ordination between States
Finance Property Contracts and Suits
Finance
General Finance
Distribution of Revenues
Miscellaneous Financial Provisions
Borrowing
Property Contracts Rights and Suits
Right to Property
Trade Commerce and Intercourse Within the Territory
Services Under the Union and the States
Services
Public Service Commissions
Tribunals
Elections
Special Provisions Relating to Certain Classes
Official Language
Language of the Union
Regional Languages
Language of the Supreme Court
Special Directives
Emergency Provisions
Miscellaneous
Amendment of the Constitution
Temporary Transitional and Special Provisions
Short Title Commencement Authoritative
First Schedule
Second Schedule
Second Schedule Part A
Second Schedule Part B
Second Schedule Part C
Second Schedule Part D
Second Schedule Part E
Third Schedule
Fourth Schedule
Fifth Schedule
Fifth Schedule Part A
Fifth Schedule Part B
Fifth Schedule Part C
Fifth Schedule Part D
Sixth Schedule
Seventh Schedule
Eighth Schedule
Ninth Schedule
Tenth Schedule
Eleventh Schedule
Twelfth Schedule
Appendix I
Appendix II
Constitution India Disqualifications Of Members 2022


‘Real’ Shiv Sena tussle | Supreme Court refuses to stay EC proceedings on Shinde’s claim over party The Hindu
SC allows EC to go ahead with hearing Shinde group's claim of being 'real' Shiv Sena ThePrint
Uddhav Thackeray or Eknath Shinde: SC allows EC to decide which faction is the 'real' Shiv Sena Mathrubhumi English
EC to decide which faction is real Shiv Sena: Supreme Court ummid.com


State Legislators Not Disqualified From Holding Posts In Committees, Society: Karnataka High Court Live Law - Indian Legal News
ECI refuses to make public letter about Soren’s ostensible disqualification Hindustan Times
Constitution Bench to hear on Sept. 27 if EC can hear Shinde's claim over Shiv Sena party, symbol The Hindu