[PDF Notes] Qualifications and Disqualifications of the Members of Parliament

Qualifications for Membership:

Article 83 lays down the qualifications for membership of the two Houses of Parliament. In order to be eligible to be chosen as a member, a person must be a citizen of India and not less than 30 years of age in case of Rajya Sabha and not less than 25 years of age in case of Lok Sabha. Additional qualifications may be prescribed by law.

Disqualifications for Membership:

Under Article 102, a person shall be disqualified for being chosen as and for being a member of either House (i) if he is not a citizen of India or otherwise owes allegiance to a foreign State, (ii) if he is an undercharged insolvent or one declared by a competent court to be of unsound mind, (iii) if he holds any office of profit under the Union or a State government other than the office of Minister or any office exempted by Parliament by law, and (iv) if he is otherwise disqualified under any law made by Parliament.

Also a person may be disqualified on grounds of defection under the 10th Schedule which was added to the Constitution by the 52nd Amendment.

Vacation of Seats:

Article 101 lies down that a member shall be required to vacate his seat in a House if he is elected to both Houses of Parliament or to a House of State Legislature. In the latter case, if the member does not resign his seat in the State Legislature, his seat in House of Parliament may be declared vacant. A seat may also stand vacated if a member becomes subject to any disquali­fication or voluntarily resigns his seat.

Oath by Members:

The first sitting of the first session of the Lok Sabha after a general election is devoted to members making and subscribing the prescribed oath or affirmation to “bear true faith and allegiance to the Constitution of India” and to “uphold the sovereignty and integrity of India” and to faithfully discharge the duty of a Member of Parliament.

Salary and Allowances:

Members of both the Houses are entitled to salaries and allowances as may be determined by Parliament by law from time to time (Article 106).

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