Disqualification of Members of Parliament (MPs) in India is governed by the provisions of the Constitution of India and the Representation of the People Act, 1951. The disqualification can occur on various grounds, and it is intended to maintain the integrity of the parliamentary system.
Grounds for Disqualification:
Office of Profit:
An MP can be disqualified if they hold an “office of profit” under the government. The term “office of profit” refers to any office under the government that yields emoluments, financial gain, or material benefits.
Unsound Mind:
A person of unsound mind can be disqualified. However, a person who, while of unsound mind, has been declared by a competent court to be so and continues to be under such a declaration, may still be disqualified.
Undischarged Insolvency:
An MP who is an undischarged insolvent is disqualified.
Conviction of Certain Offenses:
An MP can be disqualified if convicted and sentenced to imprisonment for at least two years for certain offenses. These offenses include bribery, corruption, and offenses under the Representation of the People Act.
Disloyalty to the Constitution:
An MP can be disqualified if they voluntarily acquire the citizenship of a foreign country or if they engage in any act that is inconsistent with the status of a citizen of India.
Violation of Electoral Laws:
Violation of certain electoral laws, such as providing false information in the nomination process or indulging in corrupt practices during elections, can lead to disqualification.
Dual Membership:
An MP cannot be a member of both houses of Parliament simultaneously. If a person is elected to both the Lok Sabha and the Rajya Sabha, they must resign from one before taking the seat in the other.
Disqualification Process:
Decision by President or Governor:
The President of India or the Governor of a state, upon the recommendation of the Election Commission, can decide on the disqualification of an MP.
Reference by the President or Governor:
The President or Governor can make a reference to the Election Commission for its opinion before making a decision on disqualification.
Decision by the Election Commission:
The Election Commission examines the case and provides its opinion on whether the MP should be disqualified.
Decision by the President or Governor:
Based on the opinion of the Election Commission, the President or Governor decides whether to disqualify the MP.
Judicial Review:
Decisions of disqualification are subject to judicial review, and an aggrieved MP can approach the judiciary to challenge the decision.
Consequences of Disqualification:
Vacation of Seat:
If an MP is disqualified, their seat becomes vacant.
Bar on Contesting:
A disqualified MP is barred from contesting elections for the duration of the disqualification.
Conclusion:
Disqualification of Members of Parliament in India is a mechanism to ensure that elected representatives maintain certain standards of conduct and adhere to the principles of democracy. The process involves a careful examination by constitutional authorities, including the President, Governor, and the Election Commission, and the decisions are subject to judicial review to safeguard the rights of the MPs.
