NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN

LAW, RANCHI

Qualifications and disqualifications of parliamentary

members (excluding office of profit & anti – defection)

Submitted by : Submitted to :

YOGESH ANAND Dr. K. SYAMALA

Semester III ‘A’ Associate Professor, Law

ROLL NO - 1147 NUSRL, RANCHI

 Qualifications and disqualifications of
parliamentary members (excluding office
of profit & anti – defection)
What is the composition of Parliament?

The Parliament of India consists of three organs. Its composition is prescribed under Article 79
of Constitution of India. The composition are :-

i. The President,
ii. The council of states (the Rajya Sabha), and
iii. The House of People (the Lok Sabha)

The President of India though himself is not a member of either House of Parliament; he forms
an integral part of Parliament as he performs certain functions for the proceeding of Parliament.

Introduction :-

In India, the members of parliament are members of Lok Sabha and Rajya Sabha. Both the
houses have elected as well as nominated members. The elected members of Lok Sabha are
elected directly on the basis of adult suffrage; the elected members of Rajya Sabha are indirectly
elected by members of legislative assemblies of states.

Article 84 and Article 102, when read together says that only if a person possesses the
qualification prescribed by Article 84 and when he is not disqualified by virtue of article 102 ,
then he can be chosen to fill a seat in Parliament. Though, neither of the article say about how
the election process as to how the person is to be elected. The process falls under the power of
Parliament to decide and make rules about the election procedure by the virtue of Article 327.
Thus it can’t be challenged that section 33 of Representation of People Act, 1951 is ultra virus as
it prescribes additional requirement relating to nomination paper, without complying the
candidate can’t contest ejection.1

Detailed analysis of Qualification for being a Member of Parliament:-

1
Madanlal v. Jinendra, AIR 1981 MP 26 (paras, 8, 9)
There are certain requirements laid down in Indian Constitution for being a Member of
Parliament. The common guidelines are prescribed in Article 842 of Constitution of India.

 The common qualifications for membership of either House of Parliament are :-

(a) Citizenship of India. Subscribing oath or affirmation ,
(b) Age ,
(c) Other qualifications as may be prescribed by laws made by parliament.

During the discussion of Constituent assembly, Dr. Rajendra Prasad expressly said about his
desirability and high qualification for the member of Legislature. He pressed that the person who
will pass the laws high qualification is required to make sure he didn’t pass any non sensical
laws for whose interpretation highly qualified judges are to be required. If so it will be anomaly
as it will defeat the purpose of the same law and waste the time and energy of nation. Dr.
Ambedkar also supported the same views. But, the Constituent Assembly rejected the contention
and said that literacy can’t be kept as a qualification for a candidate to be chosen as a member of
Legislature and was left to the state legislature or Parliament to decide if it was necessary to be
literate or not in their respective sphere.

The amendment in Article 84(a) in 1963 by adding the words “makes and subscribes before
some person authorized in that behalf by the Election Commission an oath or affirmation
according to the form set out for the purpose in the Third Schedule.” Also the Rule 2(ii) of
conduct of Election Rules closely mention that the oath will be read over to the person who is not
in a position to read and such person may put his mark in the form prescribed for the purpose.
Thus, this implies literacy is not a qualification criterion for contesting the election of
parliament.3
2
Article 84. Qualification for membership of Parliament :- A person shall not be qualified to be chosen to fill a seat
in Parliament unless he

(a) is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election
Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;

(b) is, in the case of a seat in the Council of States, not less than thirty years of age and, in the case of a seat in the
House of the People, not less than twenty five years of age; and

(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament

3
Union of India v. Association for Democratic Reforms, MANU/SC/0394/2002.
The age qualification differs for both the houses. For Council of state it is 30 years of age while
for the House of people it is 25 years of age. Also, the general rule is that only an elector can be
elected. Thus, the candidate must be registered as a voter in a parliamentary constituency and
must be eligible to vote. If due to any reason the person loses eligibility to vote, he would lose
eligibility to contest also.

It is not necessary that a person should be registered as a voter in the same constituency. This is
applicable for both Lok Sabha and Rajya Sabha. A person from reserved category only can
contest election if the Lok Sabha seat is reserved for these categories. However, an SC/ST person
can contest election on an unreserved seat also.

ANALYSIS OF TERMS USED IN ARTICLE 84:-

 Article 84 :- “Qualified to be chosen…………………………..”

These words in Article 84 should be read with words of Article 102 “disqualified for
being chosen as, and for being, a member of either House of Parliament”. The words of
Article 84 means that a person should not be disqualified under any of disqualifications
specified in Article 84 and Article 102 , at the time of scrutiny of nomination papers4 or if
he subsequently incurs any disqualifications, before the date of election. Thus, even
though a person attains age of 25 at the date of election if at the time if scrutiny of
nomination papers his age is less than 25 years of , his election as a member of House of
People must be set aside according to Article 84(b).5

 Clause (a) :- “A citizen of India”

A non-citizen cannot be a contesting candidate in the elections. Article 84 (a) of the Constitution
of India envisages that a person shall not be qualified to be chosen to fill up a seat in the
Parliament unless he is a citizen of India.
If a person is alleged to be not a citizen of India and, therefore, suffering from absence of
qualification under Article 84 as also a positive disqualification under Article 102 of the
Constitution, then the case is one which attracts applicability of Section 100(1)(d)(iv) of
RPA, 1951 and whenever such an issue is raised it can be tried by the High Court of that

4
K. Prabhakaran v. P. Jayaranjan, (2005) 1 Supreme Court Cases 754.
5
Amrit Lal Ambalal Patel v. Himathbhai Gumanbhai Patel, 1968 AIR 1455.
 jurisdiction to decide whether the person is a citizen of India or not. A mere fact that the
name of person is on voters list does not take the jurisdiction of High Court to decide in
this matter.

 “Oath or affirmation”
Oath or affirmation has been added to be one of the qualification in order to preserve the
integrity of India and ensure the allegiance of the candidate towards India under Third
Schedule by 16th amendment,1963. The oath must be taken before the date of scrutiny of
nomination papers and if a person fails to do the same he is held disqualified.6 But this
clause regarding oath or affirmation has no application to a candidate when it comes to
Presidential election. He must take the oath again before taking the seat when elected.
This requirement is mandatory so that a candidate's nomination paper is likely to be
rejected, if he falls to take the oath or affirmation before the Returning Officer at the time
of presentation of the nomination paper, because he cannot be held to be qualified to be
chosen for the seat in Parliament on the date fixed for scrutiny of the nomination paper
unless he had subscribed the oath or affirmation, as required by Art. 84(a).
A total omission to take the oath should, however, be distinguished from any formal
defect in taking the oath. The object and essence of the oath in the Third Sch. is the
undertaking of the candidate “to bear true faith and allegiance to the Consumption and to
uphold the sovereignty and integrity of India". Where the oath taken by the candidate has
clearly indicated thus undertaking, any defect in the form in the matter of translating the
English text of the Third Schedule, will not be fatal to the election of the candidate. Once
the oath is taken before s competent authority, the disqualification on this behalf is
removed.7

 Clause (b) :- “age qualification”

By raising the age limit for membership of parliament over that required for being a
voter, our Constitution departs from the general rule that a person qualified to be a voter
is also qualified to stand as candidate.8 When read with 36(2) of The Representation of

6
Pashupati Nath Singh vs Harihar Prasad Singh, 1968 AIR 1064.
7
Khaje Ram v. Siddevanbaty , AIR 1969 SC 1034 .
8
Dr Ambedkar in VIII CAD 89.
 People Act, 1951 the present clause means that a candidate is not qualified unless he has
attained a specified age on the date of scrutiny of nomination. The burden of proof is on
petitioner who is challenging the election of a elected candidate to proof that the
candidate is not qualified for election.
It should be noted that if a disqualified person is elected, Constitution lays no procedure
to declare his election void. This matter can only be dealt by Parliament by Section100
(1)(a) of Representation of Peoples Act, 1951 which gives High Court power to declare
such an election void.

 Clause (c) :- “Additional qualifications by legislation”

The widely accepted general rule is that the person who is qualified to be an elector is
qualified to be a candidate for the election of the parliament. But this clause of our
constitution engrafts an invocation, by empowering Parliament to lay down additional
qualifications for being a member of either House of Parliament.9 The object was to
provide Parliament a better caliber than ordinary voters. Though no such extra
qualifications have been attached yet.
So far. the following additional qualifications have been prescribed by Sections 3-4 of the
Representation of the People Act, 195]: - The Constitution after prescribing certain
qualification under Art. 84(a) and (b), and disqualification under Art. 102, has left it to
the Parliament to provide other such qualification or disqualifications. It is a matter for
Parliament to decide by making law as what qualifications “other" than those prescribed
in the Constitution be made compulsory to be fulfilled. Parliament had initially
prescribed an additional qualification that a person who seeks to get elected to Council of
State should be an elector from a Parliamentary Constituency in the Slate concerned.
After few decades Parliament amended the Sec. 3 of the Representative People‘s Act
1951, (amended as per Act 40 of 2003) whereby additional qualifications as prescribed
was amended, but provided that the candidate need only be an elector, in any
Parliamentary Constituency if India. When the amendment was challenged on the
ground that it offends the basic features of the Constitution, the Supreme Court held, that
the principle of basic features can be applied only to the Constitutional amendments and

9
Dr Ambedkar in VIII CAD 89.
 not to any ordinary legislation. It was further held Art. 84(c) creates a power and not a
duty and the Constitution does not put any restriction on the legislative powers of the
Parliament. Parliament may or may not prescribe additional qualification. The
Constitution maker’s with flexibility in mind have left it to Parliament to decide
qualification, which has to take into account the contextual scenario. Parliament may also
repeal any provision which prescribes any qualification and there is no limitation on
Parliament legislative power.10

 Qualification for membership of Council of States :- A person shall not be qualified

to be chosen as a representative of any state (other than the state of Jammu and Kashmir)
or Union Territory in the Council of States unless he is an elector for a parliamentary
constitutionality of India.
 Qualification for membership for House of People :- A person shall not be qualified to
be chosen to fill the a seat in House of the People other than a seat allotted to the State of
Jammu and Kashmir, to the Andaman and Nicober Isalnd, to the Laccadvie, Minicoy and
Amidvi Island, to Dadar and Nagar Haveli or the Parts B Tribal areas, unless –
i. in the case of a seat reserved for SC in any State, he is a member of any of the SC,
whether of that State or any other state , and is elector for any parliamentary
constituency.
ii. in the case of a seat reserved for ST in any State, (other than those in the
autonomous districts of Assam), he is a member of any of the Schedule Tribes,
whether of that State or any other state (excluding the Tribal areas of Assam) ,
and is elector for any parliamentary constituency.
iii. in the case of a seat reserved for ST in autonomous districts of Assam , he is a
member of any of the Schedule Tribes, and is elector for the parliamentary
constituency in which such seat is reserved or for any other Parliamentary
constituency comprising any such autonomous district, and
iv. in the case of any other seat, he is an elector for any parliamentary constituency.

10
Kuldeep Nayar and Ors. v. Union of India and Ors. MANU/SC/3865/2006.
The above are the qualifications which a person presenting his candidature for his membership in
Parliament has to comply with. The individual failing to comply with any of the qualifications
would lead to his disqualification. Below is the summary of qualification.

Qualifications for membership of Parliament summarized

The result of the foregoing constitutional and statutory provisions is that in order to be a Member
of Parliament, a person :-

i. must be a citizen of India,

ii. must not be less than 30 years of age in the case of the Council of States and not less than
25 years in the case of the House of the People,
iii. in the case of a seat in the Council of States from a State other than the State of Jammu &
Kashmir. or from a Union Territory-must be an elector for a parliamentary constituency
in India,
iv. in the case of a seat in the House of the People from a State other than the State of Jammu
& Kashmir. or from the island Union Territories or from the Union Territory of Dadra
and Nagar Haveli or from the Part B Tribal area.-must he an elector for any parliamentary
constituency,
v. in the case of a seat in the House of the People reserved for the Scheduled Tribes in the
autonomous districts of Assam.--must be an elector for the Parliamentary constituency in
which such seat is reserved or for any other Parliamentary constituency comprising any
such autonomous district,
vi. in the case of a seat in the House of the People reserved for the Scheduled Castes or
Tribes [Art. 334].-must also be a member of such Scheduled Cast or Tribe as specified
under Art. 341 or 342,
vii. must not have been declared by a competent court to be of unsound mind,
viii. must not be an undischarged insolvent,
ix. must not have voluntarily acquired the citizenship of a foreign State. or be under any
acknowledgement of allegiance or adherence to a foreign State,
 x. must not hold any office of profit under the Government of India or of a State. Other than
an office exempted by a Law of Parliament, in this behalf,
xi. must not have been convicted or held by the Election Tribunal to have been guilty of any
offence or corrupt practice. specified in Sections. 139-40 of the Representation of the
People Act, 1951. unless the period of disqualification prescribed in those sections has
elapsed or the Election Commission has removed the disqualification.
xii. must not have been convicted by any court in India of an offence and sentenced to
imprisonment for not less than 2 years, unless a period of 5 years or such less period as
the Election Commission shall allow, has elapsed since his release,
xiii. must not have failed to lodge an account of his election expenses as required by the
Representation of the People Act, I951. Unless 3 years have elapsed from the date when
the account was due to be lodged, or the Election Commission has removed the
disqualification,
xiv. must not be a party to a subsisting contract with the appropriate Government for the
supply of goods to or the execution of any work by, that Government
xv. must not be the director. managing agent, manager or secretary of any company or
corporation, in which the Government has a share of not less than 25%,
xvi. must not have been dismissed from Government service for corruption or disloyalty to
the State, unless 5 years have elapsed from the date of such dismissal.

Detailed analysis of Disqualification for being a Member of Parliament:-

There are certain guidelines laid down in Indian Constitution on which a Member of Parliament
can be disqualified. These guidelines are prescribed in Article 102 of Constitution of India,i.e.:-
Article 102 :- Disqualifications for membership :- (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 acknowledgement 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.

While Article 84 lays down the positive qualifications for standing as a candidate for
membership of either House of Parliament, the present Article lays down the negative
qualifications. Any person who comes within any of the sub- clauses of article 102 will not be fit
to be a candidate for membership, further if a sitting member of Parliament incurs any of the
disqualifications mentioned in these sub- clauses, his seat will become automatically vacant as
per virtue of article 101(3)(a). Additional grounds of disqualification may be imposed by law of
Parliament, under sub-clause (e) of article 102.
This article lays down the same set of disqualifications for elections as well as continuing as a
member.11 Thus, it provides for both pre-existing and super-vening disqualifications. Here, the
word ‘chosen’ makes it clear that disqualification attach both to election and nomination.

Following are the grounds for disqualification :-

 Sub-cl. (a) :- ‘office of profit’
11
Election Commision of India v. Saka Venkata Rao, AIR 1953 SC 210.
 A person can be disqualified if he is holding any office of profit , by virtue of Article
102(1)(a). Here the law regarding the question whether a person holds an office of profit
should be interpreted reasonably having regard to the circumstances of the case, the times
with which one is concerned, and the class of persons whose case is being dealt with, and
not divorced from reality.12

 Sub-cl. (d) :- ‘Loss of citizenship’

It is to be noted that this sub-clause is wider than the provision of Art. 9. Not only
acquisition of citizenship of a foreign State but even ‘acknowledgement of allegiance or
adherence to a foreign State are disqualifications for membership of Parliament. It is the
President who, under Art. 103(1), will interpret the meaning of these expressions in
disputed cases. .
If a question arises as to voluntary acquisition of citizenship of a foreign State, the same
has to be decided only by the Central Government and not by the High Court trying an
election petition. In the absence of a contrary declaration by the Central Government, .the
High Court has to presume that the candidate is an Indian Citizen when once it is
admitted he was an Indian Citizen. 13
Further, there is no provision of law which states
that a person would automatically lose his citizenship on his marriage to a foreign citizen
or on acquiring land in a foreign country. Further, the court does not have jurisdiction to
decide on questions regarding loss of citizenship arising out of an election petition
because of the exclusive jurisdiction conferred on the authority prescribed under Section
9(2) of the Citizenship Act, 1955 accordingly, any decision on such a question should
depend on the decision of the said authority.14
Allegiance or adherence to a foreign State means, the subject must have a tie with foreign
power in return of which he acknowledges his obedience or fidelity to the said foreign
power, akin to the relationship of a citizen to his government. In other words-in the words
of BLACKSTONE: “there exists an express or implied contract between the subject and
the foreign power under which the latter would protect the former who in return demean
himself faithfully”. Every citizen of India can be said to owe allegiance or adherence to

12
Karbhari Bhimaji Rohamare v. Shanker Rao Genuji Kolhe, AIR 1975 SC 575.
13
Bhagwati Prasad Dixit v. Rajeev Gandhi, AIR 1986 SC 1534.
14
Sitaram Jivyabhai Gavali v. Ramjibhai Potiyabhai Mahala, AIR 1987 SC 1923.
 Indian Government and whenever a dispute arises that a person owes allegiance to a
foreign power, the burden is on the complainant to establish the said fact by evidence.
Merely because of non-resident Indian having business interest abroad cannot be held to
owe allegiance or adherence to a foreign power. 15 ‘Adhere’ means to give support or
allegiances to.

 Sub-cl. (e) : Additional statutory disqualifications :-

While sub-cl. (a) empowers Parliament to declare that certain offices, which are prima facie,
offices of profit, shall not disqualify its holder for membership of Parliament, C1.(e) empowers
Parliament to provide grounds of disqualification other than the grounds specified in C1. (a) to
(d) of Cl. (1)..Similar power relating to membership of the State Legislature also belongs to
Parliament, under Art. l91(1)(e), post. In exercise of these powers, Parliament has enacted
Sections 7-8 of the Representation of the People Act (XLIII of 1951).16

In addition to the above disqualifications, mentioned in Article 102 The Representation of People
Act, 1951 prescribes the following disqualifications:-
i. If he is guilty of corrupt or illegal practices at the election.
ii. If he has been convicted by a court in India for any offence resulting in the imprisonment
for 2 years or more years.
iii. If he has failed to lodge a return of election expenses within the time and in the manner
required by the act.
iv. If he has any share or interest in a government contract for the supply of goods, or the
execution of any work or for the purpose of any service.
v. If he is a Director or Managing agent or hold any office of profit in a government
corporation in which the government is holding 25% shares.
vi. If he has been dismissed from government services for the corruption or disloyalty to the
state.
None of the disqualifications, however, operates for a period of more than five years. Whether a
candidate is qualified or not qualified or is disqualified for being chosen to fill the seat, has to be

15
D.K.Tharakadevi v. D. Vijay Mallayya, AIR 2004 Kant 177.
16
Laliteshwar Prasad Sahi v. Bateshwar Prasad And Others, AIR 1966 SC 580.
determined by reference to the date fixed for the scrutiny of nomination. This is the focal point.
If a candidate was convicted for an offence and sentenced for a period of two years or more yet
merely because the appeal is pending and the sentence has been stayed when the nomination
papers are scrutinized such a person shall be disqualified from contesting the election.
Subsequent acquittal in appeal is of no consequence.17

A declaration under Sec. l0-A of Representative of People’s Act. 195l, that a person to be
disqualified for having failed to lodge an account of election expenses is a declaration made by
the election commissioner under “law made by Parliament” and attracts An. l02(l)(e). 18 This
clause refers only to disqualification as declared by “law" and “not a code of conduct” for
ministers which has no statutory sanction.19 Also if a member of parliament expressing his vies
in the affairs of the parliament can’t be termed as “acting or pleading before the Parliament”. It is
also mentioned that by the virtue of Section 11 of the Representation of People Act,1951
Parliament is vested to remove any such disqualification or reduce the term except that in
Section 8A as given in sections 7-11 of that act.

 ‘By or under any law made by Parliament’

1. This expression means that the additional disqualification should be made either by the
law enacted by Parliament or by a subordinate authority making a rule or regulation in
exercise of the power conferred by that law. But in the latter case, the subordinate
legislation must be intra vires.
2. Where a Rule or Regulation is made in exercise of a statutory provision empowering
the subordinate authority to make rules regulating the conduct or discipline of employees
such Rule or Regulation shall not be construed as creating a disqualification barring the
employee from standing at election under Art.102(1)(e),though for breach of the
regulation (e.g., taking part in an election campaign), he may lose his job or incur
statutory penalty, because the Rule-making body was not authorized by the Legislature to
lay down any disqualification under the aforesaid provision of the Constitution.

17
K.Prabhakaran vs P.Jayarajan,(2005) 1 SCC 754 : JT (2005) 1 SC 173.
18
Election Commission Of India vs N.G. Ranga And Ors, AIR 1978 SC 1609.
19
Vidadala Harinadhababa v. N.T.Ramarao, ATR 1990 AP 20 (FB).
Preventive detention is not a disqualification under this Article or under the Representation of the
People Act, 1951.20 Also, the subscribers to Government loans or persons depositing Money or
securities with the Government would not come within this disqualification. The person if holds
and office where not some liability of Government exists but at least 25% of the share are holded
by the government then only he will be disqualified. A government servant is a rule free from the
disqualification after the retirement.

 Clause (2) :-
This clause was added by the Fifty-second Amendment Act, 1985, which disqualifies a
member on the ground of defection laid down in the Tenth Schedule to the Constitution.
Clause (l)(c) of Art. 102 refer to any law as to disqualification “by or under any law made
by Parliament.” The said expression are wide enough to include constitutional
amendment passed by Parliament and hence Art. 102(2) is constitutionally valid. As per
newly added Xth schedule, the Speaker has to look into matters Of defection anti the
decision of Speaker could be challenged under Arts. 226 and 227 of, the Constitution.
Even if a member is disqualified on the ground of anti-defection laws, the disqualification
can only operate during the term of the said Assembly or Parliament and it cannot operate
beyond the tenure of the Assembly or Parliament. Under no circumstances
disqualification can operate beyond the dissolution of the assembly.21

Disqualifications for membership of Parliament summarized

The result of the foregoing constitutional and statutory provisions is that in a person can be
disqualified from being a Member of Parliament, if a person :-
20
Ansumali v. State of W.B., AIR 1952 Cal 632 (637).
21
Majji Dharma Rao v. Goutar Syamsundar Sivaji, AIR 1996 AP 354.
 i. He holds any office of profit under the Union or state government (except that of a
minister or any other office exempted by Parliament)
ii. He is of unsound mind and stands so declared by a court.
iii. He is an undischarged insolvent.
iv. He has ceased to be a citizen of India.
v. He is disqualified under any other law by parliament.
vi. Apart from article 102, the Tenth Schedule to Constitution provides for disqualification
of the members on ground of defection.
vii. The last condition above led the parliament to include some other conditions for
disqualification in Representation of People Act (1951).  These are as follows :-
 He must not have been found guilty of certain election offences and corrupt practices.
 He must not have been convicted for any offence that results in imprisonment for two or
more years. However, detention under preventive detention law is not disqualification.
 He must not have failed to lodge an account of election expenses within stipulated time.
 He must not have any interest in government contracts, works and services.
 He must not be a director or managing personnel in a company / organization in which
government has at least 25% share.
 He must not have been dismissed from government service due to corruption or
disloyalty to state.
 He must not have been convicted for promoting enmity between groups.
 He must not have been punished for supporting social crimes such as untouchability, sati,
dowry etc.

CONCLUSION
This paper discusses the composition of Parliament in India. It examines the qualifications and
disqualifications applicable for membership to the legislative branch of government. India which
is a federal state, and has a parliamentary form of government comprised of legislatures at the
Union and State levels. The Indian Parliament consists of two Houses: the Rajya Sabha (the
Council of States) and the Lok Sabha (the House of the People). The Rajya Sabha is an indirectly
elected House whose members represent various States and Union Territories, whereas members
of the Lok Sabha are directly elected from territorial constituencies. The first part of the paper
deals with the qualifications of the members of the parliament, i.e. for both the houses of the
Parliament. Apart from the qualifications laid down in Article 84 of the Constitution the
candidate also have to get qualified from certain principal laid in The Representation of People
Act, 1951. These are the positive qualifications. At the same time the candidate should also not
be disqualified from any of the negative qualifications as laid down in Article 102 of the
Constitution and other provisions as laid down in The Representation of People Act, 1951. It
should be kept in mind that even if a person is qualified under Article 84 he could not be chosen
as, or continue to be a member, if he incurs disqualification under Article 102(1).

Literacy was never a qualification factor for being a Member of Parliament. The idea behind this
was that a qualified and literate person may at times not understand the problem faced by a
illiterate persons and also that illiterate person can have better understanding of problems and
how to solve them than a qualified person. Also, India departs from the widely accepted rule that
an eligible voter is an eligible candidate. It could been seen as the age limit to cast your vote is
18 years while to be a member of either house is not the same. The idea for this was that the
candidate must have more experience and better understanding than an ordinary voter in order to
better serve the legislature. The basic idea enjoined in the disqualification was and remains that
the legislators should not be vulnerable to temptations an executive can offer.

Also , the power is vested with legislative only to make rules for its disqualification and other
qualifications from time to time if it seems necessary. The idea behind this was again to save the
legislature from the temptations of executive and bureaucracts.

BIBLIOGRAPHY
BOOKS REFFERED :-

 M.P Jain, Indian Constitutional Law ( 8th edition, 2018).

  DD Basu, Comparative Constitutional Law (3rd Edition, 2015).

ARTICLES :-

 Features of the Representation of People Act, 1951, Jagran Josh, March 30,2019 ,
https://www.jagranjosh.com/general-knowledge/the-representation-of-people-act-1951-
1438322425-1
 Members of Parliament: Qualifications and Disqualification, GK TODAY, February 24,
2016, https://www.gktoday.in/gk/members-of-parliament-qualifications-and-
disqualification/