CHAPTER I.—Qualifications for Membership of Parliament
6
[3. Qualification for membership of the Council of States.—A person shall not be qualified to be
chosen as a representative of any State 7*** or Union territory in the Council of States unless he is an
elector for a Parliamentary constituency 8
[in India].]
4. Qualifications for membership of the House of the People.—A person shall not be qualified to
be chosen to fill a seat in the House of the People 9*** 10***, unless—
(a) in the case of a seal reserved for the Scheduled Castes in any State, he is a member of any of
the Scheduled Castes, whether of that State or of any other State, and is an elector for any
Parliamentary constituency;
(b) in the case of a seat reserved for the Scheduled Tribes in any State (other than those in
the autonomous districts of Assam), he is a member of any of the Scheduled Tribes, whether of the
State or of any other State (excluding the tribal areas of Assam), and is an elector for any
Parliamentary constituency;
(c) in the case of a seat reserved for the Scheduled Tribes in the autonomous districts of Assam,
he is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency
1. The words “an electoral college constituency” omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957).
2. The words “or the electoral college of union territory” omitted by s. 66, ibid. (w.e.f. 1-1-1957).
3. Sub-sections (5) and (7) omitted and sub-section (6) re-numbered as sub-section (5) by Act 27 of 1956, s. 3
(w.e.f. 28-8-1956).
4. Sub-section (5) omitted by Act 34 of 2019, s. 95, 96 and the Fifth Schedule (w.e.f. 31-10-2019).
5. Subs. by Act 47 of 1966, s. 16, for the heading “QUALIFICATIONS AND DISQUALIFICATIONS FOR MEMBERSHIP”
(w.e.f. 14-12- 1966).
6. Subs. by the Adaptation of Laws (No. 2) order, 1956, for s. 3 (w.e.f. 1-11-1956).
7. Certain words omitted by Act 47 of 1966, s. 17 (w.e.f. 14-12-1966).
8. Subs. by Act 40 of 2003, s. 2, for “in that State or territory” (w.e.f. 28-8-2003).
9. Certain words omitted by Act 49 of 1965, s. 5 (w.e.f. 22-12-1965).
10. Certain words omitted by Act 29 of 1975, s. 12 (w.e.f. 15-8-1975).
11
in which such seat is reserved or for any other Parliamentary constituency comprising any such
autonomous district; 1***
2
[(cc) in the case of the seat reserved for the Scheduled Tribes in the Union territory
of 3
[Lakshadweep], he is a member of any of those Scheduled Tribes and is an elector for the
Parliamentary constituency of that Union territory; 4***]
5
[(ccc) in the case of the seat allotted to the State of Sikkim, he is an elector for the Parliamentary
constituency for Sikkim;]
(d) in the case of any other seat, he is an elector for any Parliamentary constituency.
CHAPTER II.—Qualifications for Membership of State Legislatures
5. Qualifications for membership of a Legislative Assembly.—A person shall not be qualified to
be chosen to fill a seat in the Legislative Assembly of a State unless—
(a) in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that
State, he is a member of any of those castes or of those tribes, as the case may be, and is an elector for
any Assembly constituency in that State;
(b) in the case of a seat reserved for an autonomous district of Assam, 6*** he is a member of a
7
[Scheduled Tribe of any autonomous district] and is an elector for the Assembly constituency in
which such seat or any other seat is reserved for that district; and
(c) in the case of any other seat, he is an elector for any Assembly constituency in that State:
8
[Provided that for the period referred to in clause (2) of article 371 A, a person shall not be qualified
to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland
unless he is a member of the regional council referred to in that article.]
9
[5A. Qualifications for membership of Legislative Assembly of Sikkim.—10[(1)] Notwithstanding
anything contained in section 5, a person shall not be qualified to be chosen to fill a seat in the Legislative
Assembly of Sikkim (deemed to be the Legislative Assembly of that State duly constituted under the
Constitution) unless—
(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of
Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the
constituency reserved for the Sanghas;
(b) in the case of a seat reserved for Sikkimese of Nepali origin, he is a person of Nepali origin
and is an elector for any Assembly constituency in the State;
(c) in the case of a seat reserved for Scheduled Castes, he is a member of any of the castes
specified in the Representation of Sikkim Subjects Act, 1974 and is an elector for any Assembly
constituency in the State; and
(d) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency.]
1. The word “and” omitted by Act 47 of 1966, s. 18 (w.e.f. 14-12-1966).
2. Ins. by s. 18, ibid. (w.e.f. 14-12-1966).
3. Subs. by the Laccadive, Minicoy and Aminidivi Islands (alteration of Name) Adaptation of Laws Order, 1974
(w.e.f. 1-11-1973).
4. The word “and” omitted by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975).
5. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 9-9-1975).
6. Certain words omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974
(w.e.f. 21-1-1972).
7. Subs. by Act 47 of 1966, s. 19, for “Scheduled Tribe of that district” (w.e.f. 14-12-1966).
8. Ins. by Act 27 of 1962, s. 11 (w.e.f. 4-9-1962).
9. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975).
10. Section 5A re-numbered as sub-section (1) of that section by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979).
12
1
[(2) Notwithstanding anything contained in section 5, a person shall not be qualified to be chosen to
fill a seat in the Legislative Assembly of the State of Sikkim, to be constituted at any time after the
commencement of the Representation of the People (Amendment) Act, 1980 (8 of 1980), unless—
(a) in the case of a seat reserved for Sikkimese of Bhutia-Lepcha origin, he is a person either of
Bhutia or Lepcha origin and is an elector for any Assembly constituency in the State other than the
constituency reserved for the Sanghas;
(b) in the case of a seat reserved for Scheduled Castes, he is a member of any of those castes in
the State of Sikkim and is an elector for any Assembly constituency in the State;
(c) in the case of a seat reserved for Sanghas, he is an elector of the Sangha constituency; and
(d) in the case of any other seat, he is an elector for any Assembly constituency in the State.
Explanation.—In this sub-section “Bhutia” includes Chumbipa, Dopthapa, Dukpa, Kagatey, Sherpa,
Tibetan, Tromopa and Yolmo.]
6. Qualifications for membership of a Legislative Council.—(1) A person shall not be qualifled to
be chosen to fill a seat in the Legislative Council of a State to be filled by election unless he is an elector
for any Assembly constituency in that State.
(2) A person shall not be qualified to be chosen to fill a seat in the Legislative Council of a State to be
filled by nomination by the Governor 2*** unless he is ordinarily resident in the State.
3
[CHAPTER III.—DISQUALIFICATIONS FOR MEMBERSHIP OF PARLIAMENT AND STATE LEGISLATURES
7. Definitions.—In this Chapter,—
(a) “appropriate Government” means in relation to any disqualification for being chosen as or for
being a member of either House of Parliament, the Central Government, and in relation to any
disqualification for being chosen as or for being a member of the Legislative Assembly or Legislative
Council of a State, the State Government;
(b) “disqualified” means disqualified for being chosen as, and for being, a member of either
House of Parliament or of the Legislative Assembly or Legislative Council of a State 4
[under the
provisions of this Chapter, and on no other ground].
8. Disqualification on conviction for certain offences.—5
[(1) A person convicted of an offence
punishable under—
(a) section 153A (offence of promoting enmity between different groups on ground of religion,
race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony)
or section 171E (offence of bribery) or section 171F (offence of undue influence or personation at an
election) or sub-section (1) or sub-section (2) of section 376 or section 376A or section 376B or
section 376C or section 376D (offences relating to rape) or section 498A (offence of cruelty towards
a woman by husband or relative of a husband) or sub-section (2) or sub-section (3) of section 505
(offence of making statement creating or promoting enmity, hatred or ill-will between classes or
offence relating to such statement in any place of worship or in any assembly engaged in the
performance of religious worship or religious ceremonies) or the Indian Penal Code (45 of 1860); or
(b) the Protection of Civil Rights Act, 1955 (22 of 1955), which provides for punishment for the
preaching and practice of “untouchability”, and for the enforcement of any disability arising
therefrom; or
(c) section 11 (offence of importing or exporting prohibited goods) of the Customs
Act, 1962 (52 of 1962); or
1. Ins. by Act 8 of 1980, s. 3 (w.e.f. 1-9-1979).
2. The words “or the Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No. 2) Order, 1956
(w.e.f. 1-11-1956).
3. Subs. by Act 47 of 1966, s. 20, for CHAPTER III (w.e.f. 14-12-1966).
4. Ins. by Act 29 of 2013, s. 2 (w.e.f. 10-7-2013).
5. Subs. by Act 1 of 1989, s. 4, for sub-sections (1) and (2) (w.e.f. 15-3-1989).
13
(d) sections 10 to 12 (offence of being a member of an association declared unlawful,
offence relating to dealing with funds of an unlawful association or offence relating to contravention
of an order made in respect of a notified place) of the Unlawful Activities (Prevention)
Act, 1967 (37 of 1967); or
(e) the Foreign Exchange (Regulation) Act, 1973 (46 of 1973); or
(f) the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985); or
(g) section 3 (offence of committing terrorist acts) or section 4 (offence of committing disruptive
activities) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (28 of 1987); or
(h) section 7 (offence of contravention of the provisions of section 3 to 6) of the Religious
Institutions (Prevention of Misuse) Act, 1988 (41 of 1988); or
(i) section 125 (offence of promoting enmity between classes in connection with the election) or
section 135 (offence of removal of ballot papers from polling stations) or section 135A (offence of
booth capturing) or clause (a) of sub-section (2) of section 136 (offence of Fraudulently defacing or
fraudulently destroying any nomination paper) of this Act; 1
[or]
1
[(j) section 6 (offence of conversion of a place or worship) of the Places of Worship (Special
Provisions) Act 1991];
2
[or]
3
[(k) section 2 (offence of insulting the Indian National Flag or the Constitution of India) or
section 3 (offence of preventing singing of National Anthem) of the Prevention of Insults to National
Honour Act, 1971 (69 of 1971) ; 4
[or]]
4
[(l) the Commission of Sati (Prevention) Act, 1987 (3 of 1988); or
(m) the Prevention of Corruption Act, 1988 (49 of 1988); or
(n) the Prevention of Terrorism Act, 2002 (15 of 2002),]
5
[shall be disqualified, where the convicted person is sentenced to—
(i) only fine, for a period of six years from the date of such conviction;
(ii) imprisonment, from the date of such conviction and shall continue to be disqualified for a
further period of six years since his release.]
(2) A person convicted for the contravention of—
(a) any law providing for the prevention of hoarding or profiteering; or
(b) any law relating to the adulteration of food or drugs; or
(c) any provisions of the Dowry Prohibition Act, 6
[1961 (28 of 1961);],
7* * * * *
and sentenced to imprisonment for not less than six months, shall be disqualified from the date of such
conviction and shall continue to be disqualified for a further period of six years since his release.
(3) A person convicted of any offence and sentenced to imprisonment for not less than two years
[other than any offence referred to in sub-section (1) or sub-section (2)] shall be disqualified from the date
of such conviction and shall continue to be disqualified for a further period of six years since his release.]
1. Ins. by Act 42 of 1991, s. 8 (w.e.f. 18-9-1991).
2. Added by Act 21 of 1996, s. 3 (w.e.f. 1-8-1996).
3. Ins. by s. 3, ibid. (w.e.f. 1-8-1996).
4. Ins. by Act 9 of 2003, s. 2 (w.e.f. 7-1-2003).
5. Subs. by s. 2, ibid., for “shall be disqualified” and ending with the words “such conviction” (w.e.f. 7-1-2003).
6. Subs. by s. 2, ibid., for “1961 (28 of 1961); or” (w.e.f. 7-1-2003).
7. Clause (d) omitted by s. 2, ibid. (w.e.f. 7-1-2003).
14
1*[(4)] Notwithstanding anything 2
[in sub-section (1), sub-section 2 and sub-section (3)] a
disqualification under either sub-section shall not, in the case of a person who on the date of the
conviction is a member of Parliament or the Legislature of a State, take effect until three months have
elapsed from that date or, if within that period an appeal or application for revision is brought in respect
of the conviction or the sentence, until that appeal or application is disposed of by the court.
Explanation.—In this section—
(a) “law providing for the prevention of hoarding or profiteering” means any law, or any order,
rule or notification having the force of law, providing for—
(i) the regulation of production or manufacture of any essential commodity;
(ii) the control of price at which any essential commodity may be brought or sold;
(iii) the regulation of acquisition, possession, storage, transport, distribution, disposal, use or
consumption of any essential commodity;
(iv) the prohibition of the withholding from sale of any essential commodity ordinarily kept
for sale;
(b) “drug” has the meaning assigned to it in the Drugs and Cosmetics Act, 1940 (23 of 1940);
(c) “essential commodity” has the meaning assigned to it in the Essential Commodities
Act, 1955 (10 of 1955);
(d) “food” has the meaning assigned to it in the Prevention of Food Adulteration
Act, 1954 (37 of 1954).
3
[8A. Disqualification on ground of corrupt practices.—(1) The case of every person found guilty
of a corrupt practice by an order under section 99 shall be submitted, 4
[as soon as may be within a period
of three months from the date such order takes effect], by such authority as the Central Government may
specify in this behalf, to the President for determination of the question as to whether such person shall be
disqualified and if so, for what period:
Provided that the period for which any person may be disqualified under this sub-section shall in no
case exceed six years from the date on which the order made in relation to him under section 99 takes
effect.
(2) Any person who stands disqualified under section 8A of this Act as it stood immediately before
the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), may, if the period of such
disqualification has not expired, submit a petition to the President for the removal of such disqualification
for the unexpired portion of the said period.
(3) Before giving his decision on any question mentioned in sub-section (1) or on any petition
submitted under sub-section (2), the President shall obtain the opinion of the Election Commission on
such question or petition and shall act according to such opinion.]
9. Disqualification for dismissal for corruption or disloyalty.—(1) A person who having held an
office under the Government of India or under the Government of any State has been dismissed for
corruption or for disloyalty to the State shall be disqualified for a period of five years from the date of
such dismissal.
(2) For the purposes of sub-section (1), a certificate issued by the Election Commission to the effect
that a person having held office under the Government of India or under the Government of a State, has or
has not been dismissed for corruption or for disloyalty to the State shall be conclusive proof of that fact:
1. Sub-section (3) re-numbered as sub-section (4) by Act 1 of 1989, s. 4 (w.e.f. 15-3-1989).
2. Subs. by s. 4, ibid., for “sub-section (1) and sub-section (2)” (w.e.f. 15-3-1989).
3. Subs. by Act 40 of 1975, s. 2, for section 8A (w.e.f. 6-8-1975).
4. Subs. by Act 41 of 2009, s. 4, for certain words (w.e.f. 1-2-2010).
*Struck down by the Supreme Court of India in case titled Lily Thomas Vs Union of India and Ors.
15
Provided that no certificate to the effect that a person has been dismissed for corruption or for
disloyalty to the State shall be issued unless an opportunity of being heard has been given to the said
person.
9A. Disqualification for Government contracts, etc.—A person shall be disqualified if, and for so
long as, there subsists a contract entered into by him in the course of his trade or business with the
appropriate Government for the supply of goods to, or for the execution of any works undertaken by that
Government.
Explanation.—For the purposes of this section, where a contract has been fully performed by the
person by whom it has been entered into with the appropriate Government, the contract shall be deemed
not to subsist by reason only of the fact that the Government has not performed its part of the contract
either wholly or in part.
10. Disqualification for office under Government company.—A person shall be disqualified if,
and for so long as, he is a managing agent, manager or secretary of any company or corporation (other
than a co-operative society) in the capital of which the appropriate Government has not less than
twenty-five per cent. share.
10A. Disqualification for failure to lodge account of election expenses.—If the Election
Commission is satisfied that a person—
(a) has failed to lodge an account of election expenses, within the time and in the manner required
by or under this Act; and
(b) has no good reason or justification for the failure,
the Election Commission shall, by order published in the Official Gazette, declare him to be disqualified
and any such person shall be disqualified for a period of three years from the date of the order.
11. Removal or reduction of period of disqualification.—The Election Commission may, for
reasons to be recorded, remove any disqualification under this Chapter 1
[(except under section 8A)] or
reduce the period of any such disqualification.
CHAPTER IV.—Disqualifications for voting
11A. Disqualification arising out of conviction and corrupt practices.—2
[(1)] If any person, after
the commencement of this Act,—
3*** is convicted of an offence punishable under section 171E or section 171F of the Indian Penal
Code (45 of 1860), or under section 125 or section 135 or clause (a) of sub-section (2) of section 136
of this Act, 4***
5* * * * *
he shall, for a period of six years from the date of the conviction or from the date on which the order takes
effect, be disqualified for voting at any election.
6
[(2) Any person disqualified by a decision of the President under sub-section (1) of section 8A for
any period shall be disqualified for the same period for voting at any election.
(3) The decision of the President on a petition submitted by any person under sub-section (2) of
section 8A in respect of any disqualification for being chosen as, and for being, a member of either House
1. Ins. by Act 40 of 1975, s. 3 (w.e.f. 6-8-1975).
2. Section 11A re-numbered as sub-section (1) of that section by s. 4, ibid. (w.e.f. 6-8-1975).
3. The brackets and letter “(a)” omitted by Act 38 of 1978, s. 3 and the Second Schedule (w.e.f. 26-11-1978).
4. The word “or” omitted by s. 3 and the Second Schedule, ibid. (w.e.f. 26-11-1978).
5. Clause (b) omitted by Act 40 of 1975, s. 4 (w.e.f. 6-8-1975).
6. Ins. by s. 4, ibid. (w.e.f. 6-8-1975).
16
of Parliament or of the Legislative Assembly or Legislative Council of a State shall, so for as may be,
apply in respect of the disqualification for voting at any election incurred by him under clause (b) of
sub-section (1) of section 11A of this Act as it stood immediately before the commencement of the
Election Laws (Amendment) Act, 1975 (40 of 1975), as if such decision were a decision in respect of the
said disqualification for voting also.]
11B. Removal of disqualifications.—The Election Commission may, for reasons to be recorded,
remove 1
[any disqualification under sub-section (1) of section 11A].]