Member of Parliament: Composition, Process of Election, Qualifications

• Maximum Strength: 250 = 238 (States & UTs elected indirectly) + 12 (Nominated by President).
• Present Strength: 245 = 225 (states) + 8 (UTs) + 12 (nominated by the President from the field of art, literature, science and social service).
• 4th Schedule: Allocation of seats in the Rajya Sabha to the States and UTs.
• Note: Only Delhi, Puducherry and J&K UT’s have representation in Rajya Sabha.

• Maximum Strength: 550= 530 (States) + 20 (UTs) 
• Present Strength: 543 = 524 (states) + 19 (UTs) 
• 2 anglo-Indian to be nominated by the President (Art.331) has been discontinued by 104th CAA, 2019).
• 17th Lok Sabha: No member has been nominated from the Anglo- Indian community.

• Representation of States: Elected by the elected MLAs based on proportional representation by means of the single transferable vote. 
• The seats are allotted to the states in the Rajya Sabha on the basis of population.
• Representation of Union Territories: Indirectly elected by members of an electoral college specially constituted for the purpose. 
• This election is also held in accordance with the system of proportional representation by means of the single transferable vote.

• Representation of States: Direct election from the territorial constituencies according to the universal adult franchise (First-past-the-post system).
• Representation of Union Territories: The Constitution has empowered the Parliament to prescribe the manner of choosing the representatives of the union territories in the Lok Sabha. Accordingly, the Parliament has enacted the Union Territories (Direct Election to the House of the People) Act, 1965, by which the members of Lok Sabha from the union territories are also chosen by direct election.

• Continuing chamber (permanent body). Not subject to dissolution.
• One-third of its members retire every second year. 
• The term of office of a member of the Rajya Sabha is six years.
• The retiring members are eligible for re-election and re-nomination any number of times.

• Not a continuing chamber.
• Normal Term: 5 years from the date of its first meeting after the general elections, after which it automatically dissolves.
• Can be extended one year at time for any length of time during National Emergency by a law of Parliament (Art. 352). 
• However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

• Mentioned in Constitution
• Citizen of India; Make and subscribe to oath or affirmation (Schedule-3); 
• Age: 25 years (LS) and 30 years (RS)
• Any other qualifications provided by Parliament through Legislation.

Under Representation of People Act ( 1951)

• Must be registered as an elector for a parliamentary constituency. [UPSC 2018]
• Must be a member of SC-ST community in any state or UT if contesting on a reserved seat.

• Mentioned in Constitution
• If he holds office of profit; If not a citizen of India; Unsound mind and stand so declared by court; An undischarged insolvent; not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state;
• If disqualified by law made by parliament.

Under Representation of People Act (RPA), 1951

• • Guilty of election offense/corrupt practice; failed to lodge an account of his election expenses within the time; interest in government contracts, works or services; director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share;
  • Convicted for promoting enmity; punished for preaching and practicing social crimes; Dismissed from Govt. service for corruption or disloyalty to the State; Imprisoned for 2 or more years [UPSC 2020].
  • NOTE: On the question of whether a member is subject to any of the above disqualifications, the President’s decision is final. However, he/she should obtain the opinion of the Election Commission and act accordingly.
  • On Ground of Defection (10th schedule): Decided by The chairperson of that house i.e. chairman in RS and speaker in LS. However, their decision is subjected to judicial review (Kihoto Holon Judgement).
• Grounds
• Voluntarily gives up party membership; Votes or abstains from voting contrary to given direction by his/her party; Independently elected member joins any party; Nominated members join any party after expiry of 6 months.

• Double Membership: 
  • A person cannot be a member of both Houses of Parliament at the same time. Thus, the Representation of People Act (1951) provides for the following:
  • Elected to both houses, then must inform within 10 days in which House he/she desires to serve else by default, Rajya Sabha becomes vacant.
  • Sitting members elected to another house, seat in the first house becomes vacant.
  • Elected to two seats in a House, should opt one, else both become vacant.
  • A person cannot be a member of both parliament and state legislature, else his parliament seat becomes vacant if not resign in the state legislature within 14 days.
• Disqualification: 
  • If a member of Parliament becomes subject to any of the disqualifications specified in the Constitution, his/her seat becomes vacant. 
  • The list of disqualifications also includes disqualification on the grounds of defection under the provisions of the Tenth Schedule of the Constitution.
  • Resignation: Resigns to the Presiding officer of the house.
  • Absence: More than 60 days without permission.

Other Cases

• If his/her election is declared void by the court;
• If he/she is expelled by the house;
• If he is elected to the office of president or vice-president; and
• If he is appointed to the office of governor of a state.
• NOTE: If a disqualified person is elected to the Parliament, the Constitution does not lay down a procedure to declare the election void. 
• This matter is addressed by the Representation of the People Act (1951), which enables the high court to declare an election void if a disqualified candidate is elected. 
• The aggrieved party can appeal to the Supreme Court against the order of the high court in this regard.