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:
- 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
Possess any other qualification which may be required by or under any law made
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:
- 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.
- Supervisory Role:
The Member of Parliament exercises control over the executive through
- 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:
- A person can be disqualified for being chosen as a Member of Parliament
of either House of Parliament:
- 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.
- If the person is of unsound mind.
- If the person is charged with insolvency,
- If he is not a citizen of India,
- If he is disqualified by or under any law made by Parliament.
- A person shall be disqualified from membership in either house of
Parliament if he is so disqualified under the Tenth Schedule of the Indian
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:
- 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.
- Before giving any decision on any such question, the president shall
obtain the opinion of the Election Commission and act according to such
Disqualification of Membership under the Representation of the People Act,
- 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
- 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
- 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
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
Authentication No: AP346647930487-10-0423