MPs and MLAs Eligibility/Ineligibility Standards
Qualifications and Disqualifications for Membership of Parliament and State Legislature in India
In India, the qualifications and disqualifications for Members of Parliament (MP) and the State Legislature are primarily derived from the Constitution and the Representation of People Act (RPA) of 1951, with some additional rules and interpretations.
Qualifications
- To be eligible for Lok Sabha (the lower house of Parliament), a candidate must be registered as an elector in any parliamentary constituency, not necessarily the one they are contesting from. For the Rajya Sabha (Council of States), the minimum age is 30 years, while for the Lok Sabha, it is 25 years.
- Candidates for a reserved seat in the Lok Sabha must belong to the Scheduled Castes or Scheduled Tribes as applicable. A member of these communities can also contest from general seats.
- Candidates must take an oath or affirmation before an authorised election official.
- The Constitution leaves the power to prescribe other qualifications to Parliament.
Disqualifications
- Disqualifications include holding any office of profit under Union or State governments, except those exempted by the Legislature.
- Candidates declared unsound mind by a competent court or undischarged insolvent are disqualified.
- Candidates who hold any interest in government contracts or government-controlled corporations are disqualified.
- Candidates convicted for specified offenses leading to imprisonment of 2+ years (with some exceptions like preventive detention laws) are disqualified.
- Candidates found guilty of certain corrupt practices or election offenses are disqualified.
- Candidates dismissed from government service for corruption or disloyalty are disqualified.
- Candidates involved in offenses promoting enmity, bribery, or social crimes such as untouchability, dowry, Sati are disqualified.
- Candidates disqualified by any law enacted by Parliament or under the anti-defection law for legislative members are disqualified.
- Candidates who are not citizens of India are disqualified.
For the State Legislature, the qualifications and disqualifications are similar to those for Parliament, with additional statutory disqualifications. The Governor's decision on disqualification matters is final after consulting the Election Commission.
In summary, beyond the Constitution and RPA (1951), no independent, separate set of qualifications or disqualifications exists for MPs or State legislators. Instead, these two legal frameworks comprehensively cover the needed qualifications, disqualifications, and procedures. Parliament retains the authority to add conditions if necessary, but such additions are currently embodied mainly in the RPA and related laws.
For specific disqualification grounds or detailed cases, the RPA and constitutional articles (like Articles 102 and 191) form the key basis, supplemented by judicial interpretations and Election Commission rules. Both houses require making and subscribing to an oath or affirmation to bear true faith and allegiance to the Constitution of India.
In this context, discussions about policy-and-legislation surrounding qualifications and disqualifications for members of Indian Parliament and State Legislature are primarily derived from the Constitution and the Representation of People Act (RPA) of 1951. Two separate houses, Lok Sabha and Rajya Sabha, each have their unique qualifications and disqualifications, with some common applied to both, including age limits, oaths, office of profit, and legal disqualifications. Furthermore, politics and general news surrounding specific disqualifications or cases often revolve around interpretation and implementation of the RPA, constitutional articles, and Election Commission rules.
