What are qualifications & disqualifications for being elected as MP?

Q.  Which of the following is/are true regarding qualifications and disqualifications for being elected as MP?

1) Person should not be less than 35 years of age for being eligible to be elected to the Rajya Sabha.
2) A person can be disqualified on grounds of defection.
3) Detention of a person under a preventive detention law disqualifies a person for election to the Parliament.
4) A person punished for dowry is disqualified from being elected to the Parliament.

- Published on 02 Mar 17

a. 2, 4
b. 1, 2, 4
c. 2, 3
d. All of the above

ANSWER: 2, 4
    Qualifications - The Constitution gives following qualifications for a person to be chosen a member of the Parliament -

    (a) He must be a citizen of India.

    (b) He must make and subscribe to an oath or affirmation (as prescribed in 3rd Schedule) before the person authorized by the election commission for this purpose.

    (c) He must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha.

    (d) He must possess other qualifications prescribed by Parliament.

    The Parliament has laid down the following additional qualifications in the Representation of People Act (1951) -

    (a) He must be registered as an elector for a parliamentary constituency.

    (b) The requirement that a candidate contesting an election to the Rajya Sabha from a particular state should be an elector in that particular state was dispensed with in 2003.

    (c) He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for them.

    (d) But, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them.

    Disqualifications - Under the Constitution, a person shall be disqualified for being elected as a member of Parliament -

    (a) if he holds any office of profit under the Union or state government (except that of a minister or any other office exempted by Parliament);

    (b) if he is of unsound mind and stands so declared by a 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 acknowledgement of allegiance to a foreign state; and

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

    The Parliament has laid down following additional disqualifications in the Representation of People Act (1951) -

    (a) He must not have been found guilty of certain election offences or corrupt practices in the elections.

    (b) He must not have been convicted for any offence resulting in imprisonment for two or more years.

    (c) But, the detention of a person under a preventive detention law is not a disqualification.

    (d) He must not have failed to lodge an account of his election expenses within the time.

    (e) He must not have any interest in government contracts, works or services.

    (f) He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.

    (g) He must not have been dismissed from government service for corruption or disloyalty to the State.

    (h) He must not have been convicted for promoting enmity between different groups or for the offence of bribery.

    (i) He must not have been punished for preaching and practicing social crimes such as untouchability, dowry and sati.

  • On the question whether a member is subject to any of the above disqualifications, the president’s decision is final.

  • However, he should obtain the opinion of the election commission and act accordingly.

  • There will be disqualification on grounds of defection too.

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