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Disqualification Of The Member Of Parliament In Lok Sabha

Member of Parliament:

A Member of Parliament holds a very crucial position in a multitiered parliamentary democracy like India. They are the ones who are the representatives of a legislative constituency in Lok Sabha (the Lower House of the Parliament of India).

Members of Parliament in India have some wider personal liberty and freedom of speech. They also have parliamentary privileges. The privileges also restrain them from doing something that may amount to an abuse of their position.

Qualification Of Membership Of Parliament:

Article 84 of the Indian Constitution defines the qualifications of members of parliament. According to this article, if the person is:
  1. A citizen of India.
    In the case of Rajya Sabha, the person should not be less than 30 years of age, and in the case of Lok Sabha, the person should not be less than 25 years of age.

    Possess any other qualification which may be required by or under any law made by Parliament.

    The third criteria is about the Representation of the People Act of 1951. Where the act gives some other additional qualifications for the member of parliament.

Responsibilities and Duties of Members of Parliament in Lok Sabha:

  1. Legislative Role:
    The Member of Parliament will make laws for the governance of India on the subject matters that are enumerated in the Union List and the residuary powers.
  2. Supervisory Role:
    The Member of Parliament exercises control over the executive through parliamentary interventions.
  3. Representative responsibility:
    The Member of Parliament is the voice for their constituency. They can also play a role in implementing projects in their constituency.

So, the qualifications, responsibilities, and duties of the Member of Parliament tell us about how powerful and responsible a body the post was. What if? The Member of Parliament does not, or rather does not abide, by the provisions of the Indian Constitution or any law as prescribed by the parliament.

By considering the above question. Members of the Parliament can be disqualified by the House, as stated in the Indian Constitution.

Disqualification of the Member of Parliament in Lok Sabha:

Article 102 of Indian Constitution defines about the Disqualification of Members in Parliament. According to this article:
  1. A person can be disqualified for being chosen as a Member of Parliament of either House of Parliament:
    1. The person holds any office of profit under the government of India or under the government of any state.

      The term office of profit is not defined in the Indian Constitution or in the Representation of People Act, 1951.

      Pradyut Bordoloi vs. Swapnam Roy of 2000 In this case, the Supreme Court of India has laid down principles determining the expression office of profit.

      Whether the government exercises control over appointment, removal, and the performance and functions of office

      Whether the office has any remuneration attached to it

      Whether the body in which the office is held has governmental powers

      Whether the office enables the holder to influence by way of patronage

      These were the four principles outlined for determining whether an office attracts constitutional disqualification.
    2. If the person is of unsound mind.
    3. If the person is charged with insolvency,
    4. If he is not a citizen of India,
    5. If he is disqualified by or under any law made by Parliament.
  2. A person shall be disqualified from membership in either house of Parliament if he is so disqualified under the Tenth Schedule of the Indian Constitution.

    The Tenth Schedule of the Indian Constitution speaks about anti-defection laws.

    Disqualification on the ground of anti-defection laws:

    The person will be disqualified if they do any of the following:

    Giving up one's position in their party voluntarily.

    Acting in opposition to their party's policies.

    After being elected and joining another political party.

    If the person is a nominated member and joins a political party after the six-month period has expired,

    If less than two-thirds of a political party's members join another party,

Decision on the disqualification of members:

Article 103 of the Indian Constitution defines the decisions on questions as to the disqualifications of members. According to this provision:
  1. If any question arises as to whether a Member of Parliament has become subject to any of the disqualifications mentioned in clause (1) of Article 102, the question shall be referred to the President for his decision, which shall be final.
  2. Before giving any decision on any such question, the president shall obtain the opinion of the Election Commission and act according to such opinion.

Disqualification of Membership under the Representation of the People Act, 1951:

  • The Representation of People Act, 1951, deals with the law providing for conviction in criminal cases.
  • Section 8 of the 1951 Representation of the People Act deals with disqualification for conviction of certain offences.
  • Section 8(1) of the Representation of the People Act, 1951, includes specific offences such as promoting enmity between two groups, bribery, and undue influence.
  • Section 8(2) of the Representation of People Act, 1951,1951 lists the offences that deal with hoarding, adulteration of food or drugs, and an offence under the provisions of the Dowry Prohibition Act, 1961.
  • Section 8(3) of the 1951 Representation of the People Act disqualifies a convicted person who has been sentenced to imprisonment for not less than two years.
  • The person is disqualified from the date of the conviction until his release from that conviction.
  • Section 9 of the Representation of the People Act defines disqualification for dismissal for corruption or disloyalty.
  • Section 10 of Representation of People Act,1951 defines about disqualification of office under Government company.
  • Section 8(4) of Representation of People Act ,1951 was repealed by the case of Lily Thomas vs Union of India,2013. According to this case, the Supreme Court found that it was unconstitutional for the convicted person to contest an election. It held that Section 8(4) of the Representation of the Peoples Act, 1951, was considered an ultra vires statute.

The Member of Parliament of India is also one of the important, powerful, and responsible bodies of the government. As their qualification and disqualification are enacted and implemented in such a way that political fairness is ensured, By the doctrine of checks and balances, there is a surety of a non-monarchial form of government empowering the country by interfering with the other organs of the government with reasonable restrictions involved among all. But even with all of these, India is a country with parliamentary sovereignty and an independent judiciary.

Award Winning Article Is Written By: Mr.G.Anbazhagan
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Authentication No: AP346647930487-10-0423

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