Monday, 22 March 2021

Constitution Of India Article 102 - Disqualifications for membership

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(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament:

(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;

(b) if he is of unsound mind and stands so declared by a competent court;

(c) if he is an undischarged insolvent;

(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;

(e) if he is so disqualified by or under any law made by Parliament.


Explanation: For the purposes of this clause[1] a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.

[2](2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.

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1. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s.3 (w.e.f. 01-03-1985).

2. Ins. by s.3, ibid. (w.e.f. 1-3-1985).

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