Actual Article
Article 102: Disqualifications for membership
- 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. - A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.
UPSC Notes for Article 102
Explanation:
- Office of Profit:
- Prevents conflicts of interest by disqualifying individuals who hold an office of profit under the government from being members of Parliament, unless exempted by law.
- Unsound Mind:
- Ensures that individuals who are declared of unsound mind by a competent court cannot serve as members of Parliament.
- Undischarged Insolvent:
- Disqualifies individuals who are declared insolvent and have not yet settled their debts from holding parliamentary office.
- Citizenship:
- Only Indian citizens can serve as members of Parliament, preventing those with foreign allegiances from holding office.
- Parliamentary Disqualification:
- Allows Parliament to enact laws specifying additional disqualifications.
- Tenth Schedule:
- Disqualifies members who defect from their political parties (anti-defection law) as specified under the Tenth Schedule.
Key Points:
- Preventing Conflicts of Interest: The disqualification for holding an office of profit ensures that members are not influenced by their association with the government.
- Mental Soundness and Financial Integrity: Ensures that members of Parliament are mentally sound and financially stable.
- Citizenship and Loyalty: Guarantees that only Indian citizens who have no foreign allegiances can be members of Parliament.
- Legislative Authority: Parliament has the power to enact laws specifying further disqualifications, ensuring adaptability to evolving circumstances.
- Anti-defection: The Tenth Schedule’s provisions prevent political defections, promoting stability in the political system.
Important Cases and Commissions Related to Article 102
Cases:
- Kihoto Hollohan vs. Zachillhu (1992): The Supreme Court upheld the constitutionality of the anti-defection law, emphasizing the importance of the Tenth Schedule in maintaining the stability of the government.
- Lily Thomas vs. Union of India (2013): The Supreme Court ruled that MPs and MLAs convicted of crimes attracting a sentence of two or more years will be disqualified immediately, highlighting the importance of maintaining integrity among legislators.
- Jaya Bachchan vs. Union of India (2006): This case clarified the definition of “office of profit” and led to the disqualification of Jaya Bachchan from the Rajya Sabha for holding such an office.
Commissions:
- Law Commission of India: Various reports have addressed the need for clear definitions and reforms regarding the disqualifications for parliamentary membership, including offices of profit and the anti-defection law.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended several reforms to strengthen the provisions related to disqualifications and ensure greater transparency and accountability in the legislative process.
Previous Year Prelims Questions Related to Article 102
- (UPSC Prelims 2015) A person is disqualified for being a member of Parliament if he:
- A. Holds an office of profit under the government
- B. Is of unsound mind as declared by a competent court
- C. Is an undischarged insolvent
- D. All of the above Correct Answer: D. All of the above
- (UPSC Prelims 2019) Under which schedule of the Indian Constitution can a member be disqualified on grounds of defection?
- A. First Schedule
- B. Seventh Schedule
- C. Ninth Schedule
- D. Tenth Schedule Correct Answer: D. Tenth Schedule
Previous Year Mains Questions Related to Article 102
- Mains 2016: “Discuss the significance of Article 102 in maintaining the integrity and stability of the Parliament. How do the disqualification criteria ensure the accountability of the members?”
- Mains 2019: “Analyze the role of the Tenth Schedule in preventing political defections and maintaining the stability of the government. How does Article 102 support this objective?”
Additional Insights:
- Ethical Governance: Article 102’s disqualification criteria ensure that members of Parliament adhere to high ethical standards, contributing to the integrity of the legislative body.
- Adaptability: By allowing Parliament to specify additional disqualifications, the Constitution ensures that the disqualification criteria can evolve with changing socio-political contexts.
- Preventing Conflicts: The disqualification for holding an office of profit prevents conflicts of interest, ensuring that members prioritize their legislative duties over personal gains.
Understanding Article 102 is crucial for UPSC aspirants as it highlights the criteria for disqualification of members of Parliament, ensuring the integrity, accountability, and stability of the legislative process. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the constitutional provisions governing the qualifications and disqualifications of parliamentary members.