On what grounds can a member be disqualified from either House of Parliament?.
UNDER ARTICLE 102
A member is disqualified if:-
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He holds any office of profit under the government of India or of any state, other than an office declared by law of parliament not to disqualify its holder. (H.G.Mudgal in 1951 and Mohanarangam in 1982 were disqualified on the ground of holding an office of profit)
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He is of unsound mind and stands so cleared by a competent court.
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He is an undischarged insolvent.
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He is not a citizen of India, has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgement, allegiance, or adherence to a foreign state.
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If he is so disqualified by or under any law of parliament. It applies to the case of defection as prescribed in tenth schedule. (The representation of people act 1951 lays down certain conditions for disqualification of the members of parliament as well as the members of state legislatures).
UNDER 10th SCHEDULE (52nd amendment act 1985)
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NATURE OF MEMEBERSHIP
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GROUNDS OF DISQUALIFICATION
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Elected Members belonging to political parties
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(a) if he has voluntarily given up his membership of such political party; or
(b) if he votes or abstains from voting in such House contrary to any direction issued by the Political party to which he belongs or by any person or authority authorised by it in this behalf, without obtaining, in either case, the prior permission of such political party, person or authority and such voting or abstention has not been condoned by such political party, person or authority within 15 days from the date of such voting or abstention.
91st amendment act 2003 made split as a ground for disqualification.
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Elected Members not belonging to political parties
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If he joins any political party after such election.
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Nominated Members
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If he joins any political party after the expiry of six months from the date on which he takes his seat.
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The representation of people act, 1951 also lays down certain conditions for disqualification of MPs and MLAs. They are as follows
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He must not have been convicted by a court of any offence and sentenced to imprisonment for a period of more than two years.
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He must not have been found guilty by a court or on election tribunal of certain election or corrupt practices in the elections.
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He must not have been dismissed for corruption or disloyalty from government services.
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He must not have failed to lodge on his election expenses within time and in a manner prescribed by law.
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He must not have any interest in government contracts, execution of government work or services.
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He must not be a director or managing agent nor hold an office of profit under any corporation in which the government has any financial interest.
The above mentioned are the grounds for disqualification of membership of a parliament house.
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