The Membership of Parliament in India is governed by specific qualifications and disqualifications to ensure integrity in the legislative process. Article 84 of the Constitution outlines the necessary criteria for becoming a member, while the Representation of People Act (1951) adds further qualifications. Additionally, disqualification provisions safeguard against misconduct and promote accountability among legislators.
Membership of Parliament
Qualifications for being a Member of Parliament ( Article 84 )
- Additional qualifications for becoming a member of Parliament in India as laid down in the Representation of People Act (1951)
| Qualification | Description |
| Elector Registration |
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| Scheduled Caste/Tribe Membership |
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Provisions Related To Disqualification Of Members From Parliament
The Indian Constitution clearly defines both the qualifications and disqualifications for Parliamentary membership to ensure that legislators meet strict standards of integrity and legality, protecting the legislative body’s sanctity.
- Constitutional provisions ( Article 102(1) of the Indian Constitution) for disqualification of members from the House:
- As per Representation of People Act, 1951:
| Section | Grounds of Disqualification | Period of Disqualification |
| 8 | Conviction for certain offences under the Indian Penal Code, the Civil Rights Act, the Religious Institutions (Prevention of Misuse) Act, the Dowry Prohibition Act, the Commission of Sati (Prevention) Act, the Prevention of Insults to National Honour Act, the Customs Act, the Foreign Exchange (Regulation) Act, the Terrorist and Disruptive Activities (Prevention) Act, the Prevention of Corruption Act, etc. | Six years from the date of conviction or release from prison, whichever is later. |
| 8A | Disqualification on ground of corrupt practices such as bribery, undue influence, personation, false statement, etc. | As determined by the President, not exceeding six years. |
| 9 | Disqualification for dismissal for corruption or disloyalty to the state while holding an office under the Government of India or a State. | Five years from the date of dismissal. |
| 9A | Disqualification for Government contracts, such as any share or interest in a contract for the supply of goods or services to the Government or any local authority. | Until the contract is terminated or the share or interest is divested. |
| 10 | Disqualification for office under Government company, such as being a managing agent, manager or secretary of any company or corporation in which the Government has not less than 25% share. | Until he ceases to hold such office or position. |
| 10A | Disqualification for failure to lodge account of election expenses within the time and in the manner prescribed by law. | Three years from the date of the order of the Election Commission. |
| 11A | Disqualification arising out of conviction and corrupt practices for voting. | As determined by the President, not exceeding five years. |
- President as the Deciding Authority: The deciding authority regarding the disqualification of the member under such matters from the house is the President and his decision is final.
- Consultation with the Election Commission: However, the President should obtain the opinion of the Election Commission of India and act accordingly.
Disqualification Of Members On Grounds Of Defection: Tenth Schedule
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- Anti-Defection Provisions: The Constitution states that a person can be disqualified from being a Member of Parliament if they violate the anti-defection provisions in the Tenth Schedule.
- The tenth schedule was added by the 52nd Constitutional Amendment Act ,1985.
- Anti-Defection Provisions: The Constitution states that a person can be disqualified from being a Member of Parliament if they violate the anti-defection provisions in the Tenth Schedule.
- Grounds for Disqualification: Disqualification occurs when:
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- Voluntary Membership Relinquishment: A member willingly gives up the membership of the political party on whose ticket they were elected.
- Voting Against Party Directions: A member votes or abstains from voting against the direction given by their political party.
- Independents Joining Parties: An independently elected member joins any political party.
- Nominated Members Joining Parties: A nominated member joins any political party after six months from their nomination.
- Decision-Making Authority: The decision on disqualification under the Tenth Schedule is made by the Chairman in the case of Rajya Sabha and the Speaker in the case of Lok Sabha, not by the President of India.
Speaker’s Role in Defection
Judicial Review of Chairman/Speaker Decisions: The Supreme Court, in the Kihoto Hollohan case (1992), clarified that the decision of the Chairman/Speaker is subject to judicial review on the grounds of mala fide, violation of constitutional mandate, non-compliance with the rules of natural justice.
- Proposed Amendment to the Tenth Schedule: In the K M Singh vs Manipur Speaker case of 2020, the Supreme Court recommended a crucial amendment to the Tenth Schedule.
- The suggestion proposed that instead of leaving the responsibility of adjudicating Tenth Schedule disqualifications solely to the Speaker, a tribunal headed by a judge should be established.
- This shift aimed to prevent any partisan behavior and ensure a fair and unbiased process.
- Importance of Timely Decisions: Additionally, the Supreme Court in emphasized the importance of timely decisions, stating that the Speaker should resolve any petition for disqualification within a reasonable timeframe.
- Unless there are exceptional circumstances, the directive specified that the Speaker should aim to reach a decision within three months.
- This recommendation sought to enhance the efficiency and impartiality of the disqualification process.
- Debates Over Speaker’s Discretion: The debates over the Speaker’s discretion have been a subject of discussion, and the All India Presiding Officer’s Conference in 2021-22 emphasized the importance of maintaining the Speaker’s dignity in the disqualification process.
- Proposals and discussions have emerged, suggesting ways to limit the Speaker’s role, including the delegation of disqualification decisions to political parties.
- Ensuring Fair and Impartial Decision-Making: In conclusion, recognizing the Speaker’s role in ensuring government stability and integrity, there is a growing consensus on the need for fair and impartial decision-making.
- As discussions continue, the focus remains on refining the system to address the complexities associated with defection cases and uphold the principles of democracy.
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Conclusion
In conclusion, maintaining the sanctity of Parliament through clear qualifications and strict disqualification measures is essential for a robust democratic process.
- The role of the Speaker in adjudicating defection cases highlights the need for impartiality and timely decisions.
- As the system evolves, continuous efforts are required to address emerging electoral challenges and uphold democratic principles.
| Related Articles | |
| Election Commission of India | Major Constitutional Amendments |
| Preamble Of The Indian Constitution | Member of Parliament |
