- There are a number of grounds for disqualification of parliament members in India. These grounds are specified in the Constitution of India and the Representation of the People Act, 1951.
The grounds for disqualification of parliament members:
- Holding an office of profit under the Government of India or the Government of a State: A member of Parliament is disqualified from being a member if he or she holds any office of profit under the Government of India or the Government of a State. This includes any office that is either directly or indirectly under the control of the government.
- Being of unsound mind: A member of Parliament is disqualified from being a member if he or she is of unsound mind and stands so declared by a competent court.
- Being an undischarged insolvent: A member of Parliament is disqualified from being a member if he or she is an undischarged insolvent. This means that the member has not yet repaid all of his or her debts.
- Not being a citizen of India: A member of Parliament is disqualified from being a member if he or she is not a citizen of India.
- Voluntarily giving up membership of his or her political party: A member of Parliament is disqualified from being a member if he or she voluntarily gives up membership of his or her political party. This includes resigning from the party or joining another party.
- Voting or abstaining from voting in the House contrary to the direction issued by his or her political party: A member of Parliament is disqualified from being a member if he or she votes or abstains from voting in the House contrary to the direction issued by his or her political party. This includes voting against the party’s whip.
- Being convicted of an offence and sentenced to imprisonment for two years or more: A member of Parliament is disqualified from being a member if he or she is convicted of an offence and sentenced to imprisonment for two years or more. This includes offences such as bribery, corruption, and electoral fraud.
Procedure
- The disqualification of a member of Parliament can be initiated by the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.
- The Speaker or Chairman can initiate disqualification proceedings on the basis of a petition filed by any person.
- The petition must allege that the member of Parliament is disqualified on one of the grounds mentioned above.
- If the Speaker or Chairman is satisfied that the member of Parliament is disqualified, he or she will issue a notification to that effect.
- The member of Parliament will then be given an opportunity to make representations to the Speaker or Chairman.
- The Speaker or Chairman will then decide whether or not to disqualify the member of Parliament.
If the Speaker or Chairman decides to disqualify the member of Parliament, the member will be removed from office. The member will also be barred from contesting elections for a period of six years.