Parliament: Qualifications and Disqualifications for a Parliament Member

Qualification

  • Qualification as per the Constitution
    • He must be a citizen of India.
    • He must make and subscribe to an oath or affirmation before the person authorised by the election commission
    • He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha.
    • He must posses other qualifications prescribed by Parliament. 
  • Qualification as per Representation of the People Act,1951
    • He must be registered as an elector for a parliamentary constituency.
    • He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for them.

Disqualifications

  • Disqualification as per Constitution
    • If he holds any office of profit under the Union or state government.
    • If he is of unsound mind and stands so declared by a court.
    • If he is an undischarged insolvent.
    • If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state.
    • If he is so disqualified under any law made by Parliament.
  • Disqualifications as per Representation of People Act,1951
    • He must not have been found guilty of certain election offences or corrupt practices in the elections.
    • He must not have been convicted for any offence resulting in imprisonment for two or more years.
    • He must not have failed to lodge an account of his election expenses within the time. 
    • He must not have any interest in government contracts, works or services. 
    • He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share. 
    • He must not have been dismissed from government service for corruption or disloyalty to the State.
    • He must not have been convicted for promoting enmity between different groups or for the offence of bribery.
    • He must not have been punished for preaching and practising social crimes such as untouchability, dowry and sati. 

Disqualification as per 10th Schedule

  •  if he voluntary gives up the membership of the political party on whose ticket he is elected to the House;
  • if he votes or abstains from voting in the House contrary to any direction given by his political party; 
  • if any independently elected member joins any political party; 
  • if any nominated member joins any political party after the expiry of six months.
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