What leads to disqualification of an MP in India?

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Qualifications to be elected as MP

The following can lead to disqualification of an MP in India

  1. If the Member of Parliament holds any office fo profit under the Union or State Government (Except that of a minister or any other office exempted by Parliament).
  2. If the Member of Parliament is of unsound mind and stands so declared by a court.
  3. If he is an undischarged insolvent.
  4. If the Member of Parliament is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgment of allegiance to a foreign state.
  5. If he is disqualified under any law made by the Parliament

The parliament has laid down the following additional disqualifications in the representation of People Act (1951)

  1. He must not have been found guilty of certain election offenses of corrupt practices in the elections.
  2. He must not have been convicted of any offense resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification.
  3. He must not have failed to lodge an account of his election expenses within the time.
  4. He must not have any interest in government contracts, work or services.
  5. He must not be a director or managing agent or hold any office of profit in a corporation in which the government has at least 25% share.
  6. He must not have been dismissed from government service for corruption or disloyalty to the state.
  7. He must not have been convicted for promoting enmity between different groups or for the offense of bribery.
  8. He must not have been punished for preaching and practicing social crimes such as untouchability, dowry and sati.

On the question whether a Member is subject to any of the above disqualification, the President’s decision is final. However, he should obtain the opinion of the election commission and act accordingly.

Disqualification on the basis of Defection

The constitution also lays down that a person shall be disqualified from being a member of Parliament if he is so disqualified on the ground of defection under the provisions of the tenth schedule. A member incurs disqualification under the defection law if:

  1. He voluntarily gives up the membership of the political party on whose ticket he is elected to the house.
  2. He votes or abstains from voting in the house contrary to any direction given by his political party.
  3. If an independently elected member joins any political party.
  4. If any nominated member joins any political party after the expiry of six months.

The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of Rajya Sabha and speaker in the case of the Lok Sabha. In 1992, The Supreme Court ruled that the decision of the Chairman or Speaker in this regard is subject to judicial review.

Click on this link to read about the Qualifications needed to be an MP in India.

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