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Showing posts from November 3, 2011

Q. How is the question of disqualification of a member of Parliament decided?

Ans. Under the provisions of Article 102, the following grounds are mentioned, which disqualify a person for being chosen as, and for being a member of either House of Parliament. These are—
(1) if such person holds any office of profit under government;
(2) if he is of unsound mind;
(3) if he is an undischarged insolvent;
(4) if he is not a citizen of India or has voluntarily acquired c1tizen ship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign state.
(5) if he is so disqualified by or under a law made by Parliament;
(6) if he has become subject to the provisions of Anti-Defection provisions under Tenth Schedule.
If a question arises as to whether a member has become subject to these disqualifications such question is decided by the President after obtaining the opinion of the Election Commission and the President shall act according to such opinion.
However, in case of disqualifications under the anti-defection provisions, under Tenth Schedule of t…