Disqualifications Of Members (Articles 101 – 104)


  • 101. Vacation of seats.
  • 102. Disqualifications for membership.
  • 103. Decision on questions as to disqualifications of members.
  • 104. Penalty for sitting and voting before making oath or affirmation
    under article 99 or when not qualified or when disqualified.

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101. Vacation of seats.

  • (1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.
  • (2) No person shall be a member both of Parliament and of a House of the Legislature of a State, and if a person is chosen a member both of Parliament and of a House of the Legislature of [a State], then, at the expiration of such period as may be specified in rules made by the President, that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.
  • (3) If a member of either House of Parliament—
    • (a) becomes subject to any of the disqualifications mentioned in *[clause (1) or clause (2) of article 102], or
    • **[(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be,] his seat shall thereupon become vacant:  [Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]
  • (4) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:  Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

* Substituted by the Constitution (Fifty-second Amendment) Act, 1985.
** Substituted by the Constitution (Thirty-third Amendment) Act, 1974.

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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 acknowledgment 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.

* Substituted by the Constitution (Fifty-second Amendment) Act, 1985.

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103. Decision on questions as to disqualifications of members.

  • (1) If any question arises as to whether a member of either House of Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final.
  • (2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.

* Article 103 has been successively subs. by the Constitution (Forty-second Amendment) Act, 1976, and the Constitution (Forty-fourth Amendment) Act, 1978, to read as above.

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104. Penalty for sitting and voting before making oath or affirmation under article 99 or when not qualified or when disqualified.

If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.

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References : http://lawmin.nic.in

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