Disqualification of MP : Question: On what grounds can a member be disqualified from either House of Parliament ? (A question in CS Mains Exam 2006 GS Paper - I)

 1)On what grounds can a member be disqualified from either House of Parliament ?

(A question in CS Mains Exam 2006 GS Paper - I)

2)What are the grounds of disqualification of a Member of Parliament from either house ? Quote relevant provisions in your answer 

(A question in CS Mains Exam 2010 Paper I )

Suggested Answer: (Please note, refer any standard text book, for any clarification)

Under Article 102 of the Constitution a Member of Parliament from either house disqualifies :

i)If he holds any office of profit under the government other than an office declared by the Parliament by law not to disqualify its holder;

ii)If he is unsound mind and stands so declared by a competent court;

iii)is an undischarged insolvent ;

iv) has ceased to be a citizen of India ;

v)is so disqualified on the ground of defection; and 

vi)is so disqualified by any law made by Parliament

Besides these constitutional provisions, Representation of People Act,1951, also provides certain grounds of disqualification for Member of Parliament :

i)Person convicted for promoting enmity between different groups

ii)person convicted for the offence of bribery

iii)person punished for breaching and practising social crimes such as untouchability, dowry and sati;

iv)person convicted for any offence and sentenced to imprisonment for less than 2 years stands disqualified for a period of 5 years after his/her release.

v)Governent servant dismissed for corruption or for disloyalty to the state is disqualified for a period of 5 years from the date of his/her relase.