Disqualification of Members of Parliament and Members of the Legislative Assembly in India
Disqualification of MPs and MLAs in India
Disqualification of elected members of Parliament and Legislative Assemblies is governed mainly by:
The Constitution of India (especially Articles 102 and 191)
Representation of the People Act, 1951
Other relevant laws
Grounds for Disqualification
1. Under the Constitution
Article 102 (for MPs) and Article 191 (for MLAs):
A person shall be disqualified for being chosen as, and for being, a member of Parliament or a State Legislature if:
They hold any office of profit under the Government of India or the Government of any State other than an office declared by law not to disqualify its holder.
They are of unsound mind and declared so by a competent court.
They are an undischarged insolvent (bankrupt).
They are not a citizen of India, or have voluntarily acquired citizenship of a foreign state, or are under any acknowledgment of allegiance to a foreign state.
They are disqualified under any law made by Parliament.
2. Under the Representation of the People Act, 1951
Conviction for certain offenses:
If convicted of certain offenses (e.g., corruption, electoral offenses, crimes involving moral turpitude) and sentenced to imprisonment for two years or more, disqualification is for six years after release.
Conviction for promoting enmity between groups, bribery, or corrupt practices can lead to disqualification.
Failure to lodge accounts of election expenses
Failure to lodge nomination papers in prescribed form
Conviction for corrupt practices or other electoral offenses
3. Defection (Anti-Defection Law)
Under the Tenth Schedule of the Constitution (added by the 52nd Amendment, 1985), disqualification is possible if a member:
Voluntarily gives up membership of their political party, or
Votes or abstains from voting in the legislature contrary to the party whip without prior permission.
This disqualification is decided by the Speaker/Chairman of the respective House.
Other Grounds
Insolvency
Holding an office of profit
Non-fulfillment of qualifications
Authority for Disqualification
Disqualification under Article 102/191 and Representation of the People Act is decided by the President (for MPs) or Governor (for MLAs) based on reports by the Election Commission.
Disqualification on grounds of defection is decided by the Speaker or Chairman of the House.
Summary Table:
| Grounds for Disqualification | Constitution/Act | Applies to |
|---|---|---|
| Holding office of profit | Article 102/191 | MPs and MLAs |
| Unsound mind | Article 102/191 | MPs and MLAs |
| Insolvency | Article 102/191 | MPs and MLAs |
| Citizenship issues | Article 102/191 | MPs and MLAs |
| Conviction & imprisonment | Representation of the People Act | MPs and MLAs |
| Defection (anti-defection law) | Tenth Schedule | MPs and MLAs |
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