Qualification for Member of Parliament in India
The Indian Constitution is a detailed document, It provides everything in minute detail. This applies equally to the membership of the Parliament.
The constitution stipulates that only Indian Citizens of not less than 25 years of age are qualified to be members of the Lok Sabha. Similarly only Indian citizens of not less than 30 years of age may be members of the Rajya Sabha. The Parliament may prescribe additional qualifications under Art 84 of the constitution.
Disqualification for Member of Parliament of India
The constitution stipulates that a citizen is disqualified to become a member of the Parliament :
if he holds an office of profit under the Union of a State Government, (the ministers are not deemed to hold offices of profit)
if he is declared to be of unsound mind by a court
if he is a bankrupt
if he has lost his Indian citizenship through voluntary renunciation or through any other means.
Additional criteria for disqualification may be provided by laws passed by the Parliament. Any dispute as to whether any disqualification has been incurred by a citizen is settled by the President in consultation with the election commission. In terms of Article 103, the decision given by the President is final. It should be noted that a person cannot remain simultaneously a member of both the Houses of the Parliament or a member of either House of the Parliament and a member of a state legislature.
An M.P. may forfeit his membership of the Parliament in a variety of ways.
If a member incurs any of the disqualification mentioned in the constitution, he loses his membership in the Parliament. Thus a member may become mad leading to his disqualification.
Membership of the Parliament may be vacated through resignation, or it may fail vacant through death.
Similarly, if any person is elected to both the Houses of the Parliament, he will have to relinquish his membership in either House of the Parliament.
In case of election to either House of the Parliament and to the Legislative Assembly in a state, the member concerned may retain his membership of only one body.
Finally continuous absence from the Parliament for 60 days or more without permission, may lead to expulsion of the member concerned by the House.
