Constitution Section 102 — Disqualifications for membership

Part V — THE UNION — Disqualifications of Members

Constitutional

Summary

A person cannot become or remain a Member of Parliament if they hold a paid government job (unless Parliament has specifically exempted that job), have been declared mentally unfit by a court, are an undischarged bankrupt, are not an Indian citizen or have taken citizenship of another country or declared loyalty to one, or are disqualified under any law made by Parliament. Being a Minister does not count as holding a paid government job for this purpose. A person is also disqualified if they are disqualified under the Tenth Schedule of the Constitution.

Official Text

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