“Qualification and disqualification of members of

Parliament under the Indian constitution as well

as statutory provisions - a detail case study”

SESSION: 2020-2025

Submitted To: Submitted By:

Ms. Shubhangi khandelwal Kanika Jain Ballb (hons)

Faculty of Law Roll no. - ILS20212
Piyush Sharma Ballb (hons)
Roll no. – ILS20216

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 DISCLAIMER
I hereby declare that this dissertation is my own original work and has not been submittedbefore to any

institution for assessment purposes.

Further, I have acknowledged all sources used and have cited these in the referencesection.

Date Signature

2.05.2022 (Kanika Jain)

(Roll no. - ILS20212)

(Piyush Sharma)

(Roll no. – ILS20216)

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 TABLE OF CONTENTS

S CONTENS PAGE
. NO.
N
1. Acknowledgement 1

2. Introduction of Parliament of India and members 2-13

3. Qualification of members of Parliament 14-17

4. Disqualification of members of Parliament 18-20

5 Conclusion 21

6 Reference 22

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 ACKNOWLEDGEMENT

It is a matter of great pleasure for us to submit this report on “Qualification and disqualification of
members of Parliament under the Indian constitution as well as statutory provisions - a detail case
study “in the partial fulfillment for the degree of BALLB (Hons) at ICFAI University, Jaipur.

We’re thankful to our project guide Ms. Shubhangi Khandelwal, faculty of law, ICFAI University, Jaipur,
inspired guidance.

We are thankful of the guidance, feedback and friendly advice during the project work.

At last but not the least, we take this opportunity to express our deep sense of gratitude towards those
who have helped us directly or indirectly to successfully complete this project work.

1
 Introduction

The Parliament of the Indian Union consists of two Houses: the Rajya Sabha (Council of States) and the Lok
Sabha (House of the People).
These two houses and the President together constitute the Parliament of India. The object behind the creation of
the Rajya Sabha is to provide for a second chamber so that legislation passed by one House can be reviewed and
altered if needed by the other.

Rajya Sabha is a continuing chamber as it is a permanent body not subject to dissolution. One-third of its
members retire at the end of every two years and elections are held for the vacant positions. A member of Rajya
Sabha has a six year term, unless he resigns or is disqualified.

Lok Sabha is the lower or the popular chamber of the Indian Parliament. Under the Constitution not more than
525 members are to be chosen by direct election from territorial constituencies in the States and not more than 20
members to represent the Union Territories. In addition, two members of the Anglo-Indian community may be
nominated by the President if he is of the opinion that the community is not adequately represented in the Lok
Sabha.

The President has the right to summon, prorogue and dissolve the Parliament. The power to dissolve and to
prorogue is exercised by the President on the advice of his Council of Ministers. The dissolution brings the life
of Lok Sabha to an end while prorogation merely terminates a session. Adjournment does not put an end to the
existence of a session but merely postpones further transaction of business for a specified time, whereas
prorogation puts an end to all business except Pending Bills.

Each house of Parliament has its own presiding officers. Lok Sabha has a Speaker as its principal presiding
officer and a Deputy Speaker to assist him and officiate as presiding officer in his absence. The Rajya Sabha is
presided over by the Chairperson, assisted by a Deputy Chairperson. The latter performs all the duties and
functions of the former in case of his/her absence.

The Speaker of the Lok Sabha enjoys very wide and extensive powers. The Speaker presides over the sitting of
the Lok Sabha and conducts the proceedings, maintains order and decorum in the House and decides points of
order, interprets and applies rules of the House.

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The Speaker represents the whole House and it is on his impartiality that the success of parliamentary polity
depends. Whenever the Speaker is absent, the Deputy Speaker presides over the deliberations of the House and
exercise all the powers of the Speaker under the Rules of Procedure.

The Vice-President of India is the ex-officio Chairperson of the Council of States; but during any period when
the Vice-President acts as President or discharges the functions of the President, he does not perform the duties
of the office of the Chieftain of the Council of States. The Chairperson of the Rajya Sabha is assisted by a
Deputy Chairperson chosen from the Council of States from amongst its members .

3
 Powers and Functions of the Parliament

Under the cabinet system of government, the first function of Parliament is to select the group which will form

the government, support, and sustain it in power as long as it enjoys its confidence. The second function of the

Parliament is to make laws for the country. The third function of Parliament is to control the purse of the nation.

The fourth function of Parliament is the scrutiny and control of administration.

The fifth function of Parliament is to serve as a kind of Constituent Assembly when necessary to amend the

Constitution through the procedure laid down for the purpose. The sixth function of Parliament is to serve as an

electoral college to elect the President and the Vice-President.

Privileges and Immunities of Parliament and Its Members

Both the Houses of Parliament as well as of a State Legislature have similar privileges under the Constitution.
The privileges of each House may be divided into two groups: (i) those enjoyed by the members individually
(ii) those which belong to each House of Parliament as a collective body.

Privileges of Individual Members:

(i) Freedom from Arrest:
Section 135A1 of the C.P. code, as amended by Act of 1976 exempts a member from arrest during the
continuance of a meeting of the Chamber or Committee of which he is a member or of a joint sitting of the
Chambers or Committee, and during a period of 40 days before and after such meeting or sitting, in civil or
original cases.

This privilege also means that no member can be arrested within the precincts of the Parliament without the
permission of the House to which he belongs. A member can be arrested outside the walls of the House on cases
under Preventive Detention or Maintenance of Internal Security or any other such Act.

It is, however, the duty of the arresting officer that he should immediately inform the presiding officer of the
House to with the member belongs about arrest, bail or release of the member concerned. The main idea behind
this privilege is that the members of the House should not be unnecessarily detained by the executive
government and the constituents are not denied proper representation.

1
Exemption of members of legislative bodies from arrest and detention under civil process
4
(ii) Freedom of Attendance as Witnesses:
According the English practice, a member cannot be summoned, without the leave of the House, to give
evidence as a witness while Parliament is in session.

(iii) Freedom of Speech:

While an ordinary citizen’s right of speech is subject to the restrictions specified in Art. 19 (2)2 such as the law
relating to defamation, a member of Parliament cannot be made liable in any court of law in respect of anything
said in Parliament or any Committee thereof.

The freedom of speech is, however, subject to the rules framed by the House under its powers to regulate its
internal procedure. The dignity of the House must be preserved. The Constitution itself imposes another
limitation upon the freedom of speech in Parliament, namely, that no discussion shall take place in Parliament
with respect to the conduct of any judge of the Supreme Court or a High Court in the discharge of his duties
except upon a motion for presenting an address to the President praying for the removal of the judge.

Collective Privileges:
Privileges are certain rights belonging to each House of Parliament. Both the House of Parliament as well as of a
state legislature have similar privileges under the Constitution of India. Clauses (1) (2) of Article 105 3 deal with
two matters, viz., freedom of speech and right of publication.

(i) The right to publish debates and proceedings and the right to restrain publication by others.

(ii) The right to exclude others.

(iii) The right to regulate the internal affairs of the House, and to decide matters arising within its walls.

(iv) The right to punish Parliamentary misbehaviour.

(v) The right to punish members and outsiders for breach of its privileges.

2
some reasonable restrictions can be imposed on freedom of speech and expression in the interest of Security of the state
3
Powers, privileges, etc. of the Houses of Parliament and of the members and committees thereof
5
Parliamentary Committees:
As a deliberative body, Parliament cannot cope with detailed serious work amidst a large number of members in
a dispassionate manner. Especially in modern times, there is too much of a burden on the Parliament. Thus the
committee system comes in useful for it enables detailed discussion of various matters in small groups something
that is cumbersome and non-productive in a large group.

The committees make parliamentary work smooth, efficient and expeditious. They also provide a certain
expertise to the deliberations of Parliament. It must, however, be noted that committees are subordinate bodies
created by Parliament to assist in its legislative work.

Nature of Parliamentary Committees:

A parliamentary committee is a committee which is appointed or elected by the House or nominated by the
Speaker and which works under the direction of the Speaker and presents its report to the House or to the
Speaker.

Parliamentary committees are of different types. Broadly speaking there are (1) Ad Hoc Committees, and (2)
Standing or Non-Ad Hoc Committees. Ad Hoc Committees may be constituted from time to time, by either
House, to inquire into and report on specific subjects, or they may be committees set up to advise the House,
such as those appointed to consider and report on a specific Bill. The Standing Committees may be classified
according to their functions. The Committees may also be classified in the following manner.

1. There are consultative committees for different ministries which provide a forum for discussion on the policies
and working of the ministries.

2. There are the select committees or joint select committees on individual bills for investigation or inquiry.

3. Sometimes, the Parliament may appoint a committee for a specific purpose or to study a particular question
like the Committee the Welfare of Scheduled Castes and Tribes4.

4. There are committees to enquire into various matters like the Committee of Petitions and Committee of
Privileges. The committees to scrutinise are the Committee of Government Assurances and Committee on
Subordinate Legislation.

4
Dharti Pakad" Madanlal Agrawal, ... vs Jinendra Kumar Jain, Bhopal And ... on 10 September, 1980
6
5. Some committees are of administrative character relating to business of the House like (a) Committee on
Absence of Members from the sittings of the House, (b) Business Advisory Committee, and (c) Rules
Committee.

6. A few committees are concerned with the facilities of members of Parliament like the House Committee and
Library Committee.

7. Finally, the most important committees are the three financial committees (a) the Estimates Committee, (b) the
Public Accounts Committee, and (c) the Committee on Public Undertakings.

The Ad Hoc Committees:

The usual ad hoc committees are Select/Joint Committees on Bills and the Railway Convention Committee. The
Committee on the Draft Five Year Plans, Committee on the Conduct of a member, Study Committee on Sports
etc. are some of the ad hoc committees constituted in the past.

Select Committees:
Select Committees are appointed on individual Bills and for making some investigation, inquiry or compilation.
Members of a Select Committee are appointed or elected by the House itself or nominated by the Speaker. The
willingness of the members desired to serve on the committee is ascertained before a proposal for appointment
nomination is made.

The Chairman is appointed by the Speaker from among its members, but if the Deputy Speaker happens to be a
member of the committee, he shall be appointed Chairman. One-third of the total membership constitutes the
quorum and a majority vote determines the decision of a committee. The chairman is entitled to a casting vote in
case of a tie.

Joint Committee:
In order to avoid duplication of proceedings a Bill may be referred to a Joint Committee composed of members 5
of both Houses. A Joint Committee also saves time and helps to bring about and develop good understanding, an
appreciative spirit and co-operation between the representatives of both the Houses.

A motion for the appointment of a joint commit and reference of a Bill to such a committee after being carried
out in the originating House is transmitted to the other House for its concurrence. The member-in-charge of a
Bill indicates the number and names of the members constituting the committee from the House to which he

5
Baljeet Singh vs Election Commission Of India And ... on 16 October, 2000
7
belongs as also the number of the members from the other House. The proportion of members from the House of
the People and the Council of States is two to one.

Estimates Committee:
The Estimates Committee consists of 30 members—all from Lok Sabha— who are elected by Lok Sabha every
year from among its members according to the principle of proportional representation by means of single
transferable vote. This system of election ensures that each Party/Group is represented on the Committee in
proportion to its strength in Lok Sabha.

The Chairman of the Committee is appointed by the Speaker from amongst the member of Lok Sabha elected to
the Committee.

Public Accounts Committee:

The Public Accounts Committee consists of 15 Members elected by Lok Sabha every year from amongst its
members according to the principle of proportional representation by means of single transferable vote. Seven
members of Rajya Sabha elected by the House in like manner are associated with the Committee. This system of
election ensures that each Party/ Group is represented on the Committee in proportion to its respective strength
the two Houses.

The chairman of the committee is appointed by the Speaker from amongst the members of Lok Sabha elected to
the Committee.

The term of office of the members of the Committee is one year.

The Public Accounts Committee examines the accounts showing the appropriation of the sums granted by
Parliament to meet the expenditure of the Government of India, the annual Finance Accounts of the Government
of India and such other accounts laid before the House as the Committee may think fit.

Apart from the Reports of the Comptroller and Auditor-General of India on Appropriation Accounts of the
Union Government, the Committee examines two Reports of the Comptroller and Auditor-General on Revenue
Receipts—one relating to Direct Taxes and the other relating to Indirect Taxes.

The Committee, however, does not examine the accounts relating to such public undertakings as are allotted to
the Committee on Public Undertakings.

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 The New Parliament after Election
At the commencement of the first session after each general election to the Lok Sabha and at the commencement
of first session in each year, the President addresses both the houses of Parliament in a joint session. The
President’s address at the commencement of the first session of the year is a regular feature. The Parliament
takes up the regular business after the address of the President.

Conduct of Business:
 Oath or Affirmation by Members:
Every member of either House of Parliament shall, before taking his seat, make and subscribe before the
President, or some person appointed in that behalf by him, an oath or affirmation according to the form set out
for the purpose in the Third Schedule (Article 99) 6.

 Voting in Houses, Power of Houses to Act Notwithstanding Vacancies and Quorum:

Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the
Houses shall be determined by a majority of votes of the members present and voting, other than the Speaker or
person acting as Chairman or Speaker [Article 100(1)7].

The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and
exercise a casting vote in the case of an equality of votes.

Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and
any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person
who was not entitled so to do sat or voted or otherwise took part in the proceedings [Article 100(2)].

Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament
shall be one-tenth of the total number of members of the House [Article 100].

If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or Speaker, or
person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum [Article
100(4)].

6
The third Schedule contains the “Forms of Oaths or Affirmations” of various constitutional posts
7
Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.
9
 Delegated Legislation:
An inevitable consequence of extension in the activities of the State, particularly when it aims to establish a
socialistic society, is the sizable increase in legislation. Since it is not possible for the legislature to enact
measures so numerous and so comprehensive, delegation of authority to the Executive becomes not only
necessary but quite inescapable. In fact, it would not be incorrect to say that today; the volume of delegated
legislation greatly exceeds the Acts of Parliament.

Delegated legislation is usually concerned with minor matters to give effect to the provisions of the Statutes. But
it is not always so. There are instances both in India and other countries, where important powers, such as the
power to determine matters of principle, to impose taxation, to amend Acts of Parliament, to create new offences
and prescribe penalties have been delegated.

These are, no doubt, abnormal instances of legislative delegation of authority, but they are by no means rare. The
rules and regulations thus made have the force of law and they cannot be challenged in courts unless they are
ultra-virus of the parent Acts.

The rules framed there under are very often vexatious to the citizens as the administrative officers concerned
with the framing of the rules exalt administrative convenience and the national advantage at the expense of the
individual and his freedom. To safeguard against the abuse of power it is, therefore, for Parliament to keep a
watchful and even jealous eye on delegated legislation at all its stages.

The usual safeguards are: defining the limits of delegation, laying down a special procedure for rule making,
giving adequate publicity to the proposed rules, requiring the rules made to be laid on the table of the House and
the process of scrutiny.

Two Rules of the Procedure of the Lok Sabha (House of the People) set down important provisions. Rule No. 70
states that “a Bill involving proposals for the delegation of legislative power shall further be accompanied by a
memorandum explaining such proposals and drawing attention to their scope and stating also whether they are of
normal or exceptional character.”

Rule No. 2228 prescribes “Each regulation, ‘rule’, ‘sub-rule’, ‘bye-law’, etc., framed in pursuance of the
legislative function delegated by Parliament to a subordinate authority and which is required to be laid before the
House shall subject to such rules as the Speaker may in consultation with the Leader of the House prescribe, be
numbered centrally and published in the Gazette of India immediately after they are promulgated.

8
Transfer of a Judge from one High Court to another
10
The scrutiny of delegated legislation by Parliament itself is of recent origin. In some respects India has
established certain advantageous precedents with regard to subordinate legislation. The Speaker has invariably
appointed a member of the Opposition as chairman of the committee on Subordinate Legislation. Since the
membership of this Committee is not open to Ministers, it has functioned as a well-knit business committee free
from official influence, party spirit and party whip.

Government Bills:
Government bills are piloted by members of the Council of Ministers. The decision on government bills is taken
by the Cabinet and its Parliamentary Affairs Committee. The order of government business in the house is
decided by consultations between the leaders of the House and the Speaker, or the Chairman, as the case may be.

Method of Passing Laws:

A bill other than money bills may be introduced in either house of Parliament. It has to be passed in identical
form and consented by both houses before it can be presented for the President’s assent. Money bills can be
introduced only in the lower house. All legislative proposals must be brought in the form of Dills before
Parliament.

 First Reading:
The legislative process starts with the introduction of the bill in either house of Parliament. After a bill has been
introduced, it is published in the official Gazette. But, even before introduction, a bill might, with the permission
of the Speaker, be published in the Gazette.

 Second Reading:
The Second Reading consists of consideration of the bill in two stages. The first stage consists of a general
discussion on the bill as a whole.

The second stage of the second reading consists of clause by clause consideration of the bill as introduced or as
reported by the Select Committee or Joint Select Committee.

 Third Reading:
After the various stages of the second reading are completed, the member-in- charge can move that the bill be
passed. This stage is called the third or the final reading of the bill. At this stage, debate is confined to arguments
either in support of the bill or in rejection, without referring to the details thereof further than is absolutely
necessary.

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After the bill is passed by one house, it is sent to the other house for concurrence with a message to that effect. In
the other house also it goes through the three stages. In regard to money bills, the Lok Sabha has got the
exclusive power to legislate and the Rajya Sabha can only recommend amendments therein and must return such
a bill to the Lok Sabha within fourteen days from the date of its receipt.

Assent of the President:

When a bill is passed by both houses, the Secretariat of the house obtains the assent of the President and the bill
becomes an Act.

The President can give his assent or withhold his assent to a bill. The President can also return the bill-except, of
course, a money bill—with his recommendations to the house for reconsideration, and if the houses pass the bill
again with or without amendments, the bill has to be assented to by the President.

Financial Powers:
The power to authorise the raising and spending of money rests with the Lok Sabha. The initiative must, of
course, come from the Executive in the form of the Budget. In the words of the Constitution, the President shall,
in respect of every financial year, cause to be laid before both the Houses of Parliament a statement of the
estimated receipts and expenditure of the Government of India for that year, referred to as the ‘annual financial
statement; A distinction is made between votable expenditure and expenditure charged on the Consolidated Fund
of India, while the former is voted upon, the latter is not subject to voting, although it is included in the statement
of expenditure laid before the House and can be discussed.

Vote on Account:
The process of voting of Demands continues for a long time while day to day expenditure of the government
departments cannot wait till the Budget is finally passed. To meet this difficulty, a new device was introduced in
1950 known as the ‘Vote on Account’.

The passing of the Vote on Account followed by the appropriation (Vote on Account Act) authorizes the
Government to draw on the Consolidated Fund of India, generally for a period of two months. The Vote on
Account which is usually passed without debate enables the house to consider the budget at leisure.

Parliamentary Methods to Control the Executive:

The rules of procedure and conduct of business in Parliament provide that unless the presiding officer otherwise
directs, the first hour of every sitting shall be available for the asking and answering of questions. This first hour
is known as the Question Hour.

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The primary object of an ‘adjournment motion’ is to draw the attention of the house to a recent matter of urgent
public importance having serious consequences.

A member may with the previous permission of the Speaker call the attention of a minister to any matter of
public importance and request the Minister to make a statement on the subject. The minister may either make a
brief statement immediately or he may ask for time to the statement at the later hour or date. The main purpose
of a ‘calling attention’ is to seek an authoritative statement from the concerned Minister on a matter of urgent
public importance.

Committee System to Control Government:

Parliament has established a series of committees with necessary powers to scrutinise the working of the
different departments of the government.

The Parliamentary Committees ensure an effective and comprehensive examination of all the proposed policies.
Very often, the Committees provide an ideal context for discussing controversial and sensitive matters in a non-
partisan manner, away from the glare of publicity.

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 QUALIFICATION OF MEMBERS OF PARLIAMENT

Organ of Parliament
 Rajya Sabha (The Council of States):

 About: It is the Upper House (Second Chamber or House of Elders) and it represents the state and its
union territories of the Indian Union.
The Rajya Sabha is called the permanent House of the Parliament as it is never fully dissolved.
The IV Schedule of the Indian Constitution deals with the allocation of seats in the Rajya Sabha to
the states and UTs.

 Composition: The maximum strength of Rajya Sabha is 250 (out of which 238 members are
representatives of the states & UTs (elected indirectly) and 12 are nominated by the President).

 Current strength of the house is 245, 229 members represent the states, 4 members represent the
UTs and 12 are nominated by the president.

 Election of Representatives: The representatives of states are elected by the members of state
legislative assemblies.
The representatives of each UT in the Rajya Sabha are indirectly elected by members of an electoral
college specially constituted for the purpose.
Only three UTs (Delhi, Puducherry and Jammu & Kashmir) have representation in Rajya Sabha
(others don’t have enough population).

 The members nominated by the President are those who have special knowledge or practical
experience in art, literature, science and social service.
The rationale is to provide eminent persons a place in the house without going through elections.

 Functions: Rajya Sabha has an important role of reviewing and altering the laws initiated by the
Lok Sabha.
It can also initiate legislation and a bill is required to pass through the Rajya Sabha in order to
become a law.

 Power:
State Related Matters: The Rajya Sabha provides representation to the States. Therefore, any
matter that affects the States must be referred to it for its consent and approval.
If the Union Parliament wishes to remove/transfer a matter from the State list, the approval of the
Rajya Sabha is necessary.

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 Lok Sabha (The House of the People):

 About: It is the Lower House (First Chamber or Popular House and it represents the people of India as
a whole.

 According to article 331 of Indian Constitution, The maximum strength of the Lok Sabha is fixed
at 550 out of which 530 members are to be the representatives of the states and 20 of the UTs.
The current strength of Lok Sabha is 543, out of which 530 members represent the states and 13
represent the UTs.

 Earlier, the President also nominated two members from the Anglo-Indian community, but by the 95th
Amendment Act 2009, this provision was valid till 2020 only.

 Election of Representatives: The representatives of states are directly elected by the people from the
territorial constituencies in the states.
By the Union Territories (Direct Election to the House of the People) Act, 1965, the members of
Lok Sabha from the UTs are chosen by direct election.

 Functions: One of the most important functions of the Lok Sabha is to select the executive, a group of
persons who work together to implement the laws made by the Parliament.
This executive is often what we have in mind when we use the term government.

 Powers:

1. Decisions in Joint Sitting: Any ordinary law needs to be passed by both the Houses.
However, in case of any difference between the two Houses, the final decision is taken by
calling a joint session of both the Houses.

Due to a larger strength, the view of the Lok Sabha is likely to prevail in such a meeting.

2. Power in Money Matters: Lok Sabha exercises more powers in money matters. Once the Lok
Sabha passes the budget of the government or any other money related law, the Rajya Sabha
cannot reject it.The Rajya Sabha can only delay it by 14 days or suggest changes in it, however,
the former may or may not accept these changes.

3. Power over Council of Ministers: The Lok Sabha controls the Council of Ministers.If the
majority of the Lok Sabha members say they have ‘no confidence’ in the Council of Ministers,
all ministers including the Prime Minister, have to quit.The Rajya Sabha does not have this
power.

15
 Qualifications of Member of Parliament

Rajya Sabha:

 She/he should be a citizen of India and at least 30 years of age.

 She/he should make an oath or affirmation stating that s/he will bear true faith and allegiance to the
Constitution of India.

According to the Representation of People Act, 1951 she/he should be registered as a voter in the State from
which s/he is seeking election to the Rajya Sabha.
However, in 2003, a provision was made declaring, any Indian citizen can contest the Rajya Sabha elections
irrespective of the State in which s/he resides.

Article 84 9 of the Constitution lays down the qualifications for membership of Parliament. A person to be
qualified for the membership of the Rajya Sabha should possess the following qualifications:

1. He must be a citizen of India and make and subscribe 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 to the Constitution;
2. He must be not less than 30 years of age;
3. He must possess such other qualifications as may be prescribed in that behalf by or under any law made
by Parliament.

Lok Sabha:

 According to the Indian constitution, the maximum number of seats for the Lok Sabha should not
exceed more than 552. Of this, 530 should be elected from the States and 20 from the Union Territories
(Article 81). Additionally, President of India has the power to nominate 2 people from the Anglo-Indian
community for the Lok Sabha

 The current strength of Lok Sabha – 545

 The number of members selected from States – 523

 The number of members selected from Union Territories–20

 The number of seats for Anglo Indian community

9
Kuldip Nayar vs Union Of India & Ors on 22 August, 2006

16
  She/he should be not less than 25 years of age.
1. S/He should declare through an oath or affirmation that s/he has true faith and allegiance in
the Constitution and that a/he will uphold the sovereignty and integrity of India.

2. S/He must possess such other qualifications as may be laid down by the Parliament by law
and must be registered as a voter in any constituency in India.

3. Person contesting from the reserved seat should belong to the Scheduled Caste or
Scheduled Tribe as the case may be.

Article 84 sets certain criteria for candidates who want to fight Lok Sabha polls. The person

1. Must be a citizen of India.

2. Must not be less than 25 years of age.

3. Must be a registered voter at any parliamentary constituency in India.

4. Candidates of a recognised political party need one proposer from their constituency for their nomination.

5. An independent candidate needs ten proposers.

6. Candidates are required to make a security deposit of Rs 25,000 with the returning officer appointed by
the Election Commission of India (EC). Candidates belonging to the Scheduled Castes and Scheduled
Tribes get a concession – they have to pay only half the amount, i.e., Rs 12,500, as the deposit .

Essential Documents:

The following documents have to be submitted at the time of filing nomination papers:

1. PAN card detail and status of filing of Income tax return (ITR) of self, spouse and dependents.

2. Details of movable and immovable property have to be officially declared. Candidates must reveal all their
deposits or investments in foreign banks and so on.

3. Candidates have to present their highest educational qualification, telephone number, and e-mail ID. Apart
from all these details, profession and source of income of self and spouse are also required to be shown .

17
 DISQUALIFICATION OF MEMBER OF PARLIAMENT

Rajya Sabha:

Article 10210 of the Constitution lays down that a person shall be disqualified for being chosen as, and for being,
a member of either House of Parliament –

1. 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;
2. If he is of unsound mind and stands so declared by a competent court;
3. If he is an undischarged insolvent;
4. 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;
5. If he is so disqualified by or under any law made by Parliament.

Explanation- For the purpose 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.

Besides, the Tenth Schedule to Constitution provides for disqualification of the members on ground
defection. As per the provisions of the Tenth Schedule, a member may be disqualified as a member, if he
voluntarily gives up the membership of his political party; or if he votes or abstains from voting in the House
contrary to any direction issued by the political party to which he belongs, unless such voting or abstention has
been condoned by the political party within fifteen days. A member elected as an independent candidate shall be
disqualified if he joins any political party after his election.

A member nominated to the House by the President, however, is allowed to join a political party if he/she does
so within the first six months of taking seat in the House.

A member shall not be disqualified on this account, if he voluntarily leaves the membership of his political party
after he is elected Deputy Chairman, Rajya Sabha.

10
Satya Dev Bushahri* vs Padam Dev And Others on 25 May, 1954
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Lok Sabha:

 A person would be declared ineligible for being a Member of the Lok Sabha if the person

 Holds any office of profit under the Government of India (other than an office permitted by
Parliament of India by law).

 Is of unsound mind.

 Is an undischarged insolvent.

 Has ceased to be a citizen of India.

 Is so disqualified by any law made by the Indian parliament.

 Is so disqualified on the ground of defection.

 Has been convicted, among other things, for promoting enmity between different groups.

 Has been convicted for the offence of bribery.

 Has been punished for preaching and practicing social crimes such as untouchability, dowry, or sati.

 Has been convicted for an offence and sentenced to imprisonment.

 Has been dismissed for corruption or for disloyalty to the state (in case of a government servant).

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 Responsibilities of MPs

An MP is the representative of the people of his/her constituency in the parliament. They are expected to raise
the problems of their constituency at the national level in the Lok Sabha with a view to finding solutions. Their
other major duty is to get approval for extra funds (apart from the allotted one) from the government for the
development of their constituency, or mitigation from disasters.

Voting rights

All Indian citizens above the age of 18 years are eligible to vote in the general elections to the Lok Sabha. The
voters have to register themselves in the constituency where they live, and they have to apply and get a voter ID
card, which is a must for casting vote.

Salary and allowances of an MP

Article 106 of the Indian constitution spells out entitlement to the salary of a Member of Parliament. At present,
the monthly allowance of a Lok Sabha MP is Rs 70,000 per month which is known as the constituency
allowance. Apart from this, the office expenses allowance is Rs 60,000 per month. Beside this, MPs get many
other allowances and perks such as housing in the national capital.

Loss of deposit

The Election Commission’s guidelines state that a candidate loses his/her deposit if he/she fails to win at least
1/6th (16.6 per cent) of the total votes polled in the constituency.

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 CONCLUSION

In India, the members of parliament are very essential part of parliament as they have very crucial
responsibilities, some of them are-

 Legislative responsibility: To pass Laws in India in the Lok Sabha.

 Oversight responsibility: To ensure that the executive (i.e. government) performs its duties satisfactorily.
 Representative responsibility: To represent the views and aspirations of the people of their constituency in
the Parliament of India (Lok Sabha).
 Power of Purse responsibility: To approve and oversee the revenues and expenditures proposed by the
government.
 The Union of ministers, who are also members of parliament have an additional responsibility of the
executive as compared to those who are not in the Council of Ministers.

Now as to remember the duties it is very important to elect them wisely and with a proper described procedure
given in the Indian Constitution, because if there is any negligence in the election of a member then this will be a
violation of our constitution11.

11
Sri Rajendra Singh Rana & Ors vs Swami Prasad Maurya & Ors on 14 February, 2007
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 BIBLIOGRAPHY AND REFERENCES

Primary sources –
 Constitution of India, Bare Act.

Secondary sources-
Online articles-
 Bakshi, P.M. ‘The Constitution of India’, Universal Law Publishing Co. Pvt. Ltd. (2005).
 Basu, D.D. ‘Administrative Law’, Kamal Law House, Kolkata, Sixth Edition, 2004
 http://racolblegal.com/separation-of-powers-theory-practice-indian-perspective/
 https://www.lawctopus.com/academike/separation-of-powers-a-comparative-analysis-of-the-
doctrine-india-united-states-of-america-and-england/
 https://www.gktoday.in/academy/article/separation-of-powers-in-constitution-of-india/
 https://www.lawctopus.com/academike/separation-of-powers-and-judicial-activism-in-india/
 Jain, M.P. ‘Treatise on Administrative Law’, Wadhwa and company Law Publishers, Agra,
Edition 1996
 Jain, M.P. ‘Indian Constitutional Law’, Wadhwa and company, Nagpur, Fifth Edition, 2005
 https://blog.ipleaders.in/separation-of-powers-and-its-relevance/
 http://www.legalserviceindia.com
 www.drishtiias.com
 https://indiankanoon.org/

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