Qualification and disqualification of members of parliament with special reference to anti defection
Answers
Qualifications to Become an MP
As per article 84 of the constitution, a person is qualified to be a member of parliament provided he:
is a citizen of India
has completed 30 years of age in case of Rajya Sabha and 25 years in case of Lok Sabha.
possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
The third condition above led the parliament to include other qualifications for MPs in the Representation of People Act (1951). These qualifications are as follows:
Only an elector can be elected. Thus, the candidate must be registered as a voter in a parliamentary constituency and must be eligible to vote. If due to any reason the person loses eligibility to vote, he would lose eligibility to contest also. For example if a person is jailed or in lawful detention at the time of elections, he shall not be eligible for voting. However, if a person is in preventive custody, he can vote. These define if a person is able to contest for election of MP or not.
It is not necessary that a person should be registered as a voter in the same constituency. This is applicable for both Lok Sabha and Rajya Sabha.
A person from reserved category only can contest election if the Lok Sabha seat is reserved for these categories. However, an SC/ST person can contest election on an unreserved seat also.
Disqualification grounds
The constitution of India has provided (in article 102) that a member of parliament will be disqualified for membership if:
He holds any office of profit under the Union or state government (except that of a minister or any other office exempted by Parliament)
He is of unsound mind and stands so declared by a court.
He is an undischarged insolvent.
He has ceased to be a citizen of India.
He is disqualified under any other law by parliament
The last condition above led the parliament to include some other conditions for disqualification in Representation of People Act (1951). These are as follows:
He must not have been found guilty of certain election offences and corrupt practices
He must not have been convicted for any offence that results in imprisonment for two or more years. However, detention under preventive detention law is not disqualification.
He must not have failed to lodge an account of election expenses within stipulated time.
He must not have any interest in government contracts, works and services.
He must not be a director or managing personnel in a company / organization in which government has at least 25% share.
He must not have been dismissed from government service due to corruption or disloyalty to state.
He must not have been convicted for promoting enmity between groups.
He must not have been punished for supporting social crimes such as untouchability, sati, dowry etc.