Article 102 of the Costitution of India with Case law
Article 102 of the Constitution of India lays down the grounds for disqualification of members of Parliament (both Lok Sabha and Rajya Sabha).
🔹 Text of Article 102
Article 102 – Disqualifications for membership
(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament—
(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule (anti-defection law).
🔹 Explanation of Key Terms
Office of Profit: A position that brings to the holder some financial gain or advantage and is under the control of the executive.
Undischarged Insolvent: A person who has been declared bankrupt and whose insolvency has not been cleared by a court.
Tenth Schedule: Deals with disqualification on grounds of defection (introduced by the 52nd Amendment Act, 1985).
🔹 Important Case Laws on Article 102
1. Jaya Bachchan v. Union of India (2006) 5 SCC 266
Facts: Jaya Bachchan, a Rajya Sabha MP, was appointed Chairperson of the Uttar Pradesh Film Development Council.
Issue: Whether this appointment was an “office of profit”.
Held: Yes. The Supreme Court ruled that the post was an office of profit, and she was disqualified under Article 102(1)(a).
2. K. Prabhakaran v. P. Jayarajan (2005) 1 SCC 754
Facts: Dealt with the disqualification of a candidate due to conviction.
Held: The Supreme Court upheld disqualification for conviction under laws framed by Parliament, relying on Article 102(1)(e) read with the Representation of the People Act, 1951.
3. Lily Thomas v. Union of India (2013) 7 SCC 653
Held: The Supreme Court ruled that any MP or MLA convicted and sentenced to a minimum of 2 years imprisonment will be disqualified immediately from holding membership in the House, striking down the earlier provision that gave a 3-month window for appeal.
4. Election Commission v. Dr. Subramanian Swamy (1996)
Held: The Supreme Court clarified that disqualification under Article 102(1)(e) must be in accordance with a law made by Parliament, like the Representation of the People Act.
🔹 Laws Made Under Article 102(1)(e)
Primarily:
Representation of the People Act, 1951
Sections 8, 9, 10, and 11 deal with disqualifications for conviction, corruption, office of profit, etc.
🔹 Conclusion
Article 102 ensures that persons of integrity, clear allegiance to India, and without conflicts of interest hold seats in Parliament. It empowers Parliament to legislate further grounds for disqualification and is a key constitutional safeguard for maintaining parliamentary ethics and public trust.
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