On what grounds can a member be disqualified from either House of Parliament?

Disqualification of MP's and MLA's on the ground of holding office of profit is a controversial topic of nation-wide debate. It began with the disqualification of Samajwadi Party MP Jaya Bachchan from Rajya Sabha on March 17, 2006 with retrospective effect from July 14, 2004. Very soon the controversy took a constitutional crisis and different state governments rushed to save their pillars of power.

There are separate provisions of disqualification for the Members of Parliament and MLAs. Our constitution clearly mentions that the Parliament has the power to make a law in respect to the issue of qualification and disqualification of the membership in case:

(i) He holds any office of profit under the Government of India or of any state, other than an office declared by a law of Parliament not to disqualify its holder.
(ii) He is of unsound mind and stand so declared by a competent court.
(iii) He is an undischarged insolvent.
(iv) He is not a citizen of India or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgement or allegiance or adherence to a foreign state, and
(v) It is he so disqualified by or under any law of Parliament. It applies to the case of 'defection' as prescribed in tenth schedule.

Any dispute about the disqualification of a member of Parliament shall be referred to the President, who will take a decision on the advice of the Election Commission and decision Shall be final according to the article 103. In case of disqualification on grounds of defection, the matter will be decided by speaker or chairman or Rajya Sabha as the case may be.

The representation of people act, 1951 also lays down certain conditions for disqualification of MPs and MLAs.

They are as follows

• He must not have been convicted by a court of any offence and sentenced to imprisonment for a period of more than two years.
• He must not have been found guilty by a court or on election tribunal of certain election or corrupt practices in the elections.
• He must not have been dismissed for corruption or disloyalty from government services.
• He must not have failed to lodge on his election expenses within time and in a manner prescribed by law.
• He must not have any interest in government contracts, execution of government work or services.
• 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.

Know more about: Member of the Legislative Assembly (India)

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