The Constitution of India sets out certain qualifications, disqualifications, and privileges for the various public offices and elected representatives in India. These provisions ensure that the people who hold positions in public office are qualified, accountable, and have certain privileges to carry out their duties effectively. Below is an explanation of these provisions for key officeholders like Members of Parliament (MPs), Members of Legislative Assemblies (MLAs), the President, Vice President, Union Council of Ministers, Governor, and State Council of Ministers.

 

1. Qualification, Disqualification, and Privileges of Members of Parliament (MPs)

  Qualification for Membership of Parliament (Articles 84, 173)

To become a member of either House of Parliament (the Lok Sabha or the Rajya Sabha), the following qualifications must be met:

Indian Citizen: The candidate must be a citizen of India.

 Age Requirement:

For the Lok Sabha (House of the People), the minimum age is 25 years.

For the Rajya Sabha (Council of States), the minimum age is 30 years.

 Sound Mind: The person must be of sound mind (not declared by a court to be of unsound mind).

Voter in any Parliamentary Constituency: The person must be a voter in any of the constituencies in India. The individual’s name must be included in the electoral roll for the election of members of the Lok Sabha or Rajya Sabha.

Not Holding an Office of Profit: The candidate should not be holding an office of profit under the Government of India or any state government.

 

 Disqualification for Membership of Parliament (Article 102, 103)

 An individual is disqualified from being a member of Parliament under the following conditions:

• Citizenship: If the person is not a citizen of India or has voluntarily acquired the citizenship of another country.
• Criminal Convictions: If the person is convicted of an offense and sentenced to imprisonment for two years or more.
• Office of Profit: If the person holds any office of profit under the government (except the office of the President, Vice President, Governor, or certain other specified offices).
• Unsound Mind: If the person is declared to be of unsound mind by a court.
• Disqualified by Law: If the person has been disqualified under any law made by Parliament, or under provisions of anti-defection law (Article 102(2) – Tenth Schedule).

 

 Privileges of Members of Parliament

•  Members of Parliament have several privileges and immunities, which are designed to enable them to perform their duties without external interference:
•  Freedom of Speech: MPs enjoy freedom of speech within the Parliament, and cannot be sued or prosecuted for any statements made in the course of their duties.
• Exemption from Jury Service: MPs are exempt from serving on juries during their term of office.
• Protection from Arrest: MPs are immune from arrest in civil cases (except in cases of contempt, and certain criminal cases) during the session of Parliament.
• Salary and Allowances: MPs receive a salary, allowances, and pension as determined by the Parliament.

 

2. Qualification, Disqualification, and Privileges of Members of Legislative Assembly (MLAs)

 Qualification for Membership of Legislative Assembly (Article 173)

The qualifications for membership in the Legislative Assembly (Vidhan Sabha) of a state are similar to those for Parliament:

 Indian Citizen: The candidate must be a citizen of India.

• Age Requirement: The minimum age for an MLA is 25 years.
• Sound Mind: The candidate must be of sound mind.
• Voter in State Constituency: The candidate must be a voter in a State Legislative Assembly constituency.
• Not Holding an Office of Profit: The candidate must not hold an office of profit under the state government or union government.

 

 Disqualification for Membership of Legislative Assembly (Article 191)

 An MLA may be disqualified under similar conditions to those of MPs:

• Criminal Conviction: If the person is convicted of a criminal offense and sentenced to imprisonment for two years or more.
• Office of Profit: If the individual holds any office of profit under the government.
• Unsound Mind: If declared to be of unsound mind by a court.
• Defection: If the individual deflects from one political party to another, they may be disqualified under the anti-defection law.

 

 Privileges of Members of Legislative Assembly

• Freedom of Speech: Similar to MPs, MLAs enjoy freedom of speech in the Legislative Assembly, with protection from prosecution for things said in the house.
• Exemption from Jury Service: MLAs are also exempt from jury duty during their term of office.
• Immunity from Arrest: MLAs enjoy immunity from arrest in civil cases during the sessions of the State Legislature.
• Salary and Allowances: MLAs receive a salary, allowances, and other benefits as provided by state laws.

 

3. Qualification, Disqualification, and Privileges of the President and Vice-President

  President of India (Article 58, 59, and 60)

  Qualification

Citizenship: The candidate must be a citizen of India.

Age Requirement: The candidate must be at least 35 years old.

Voter in Parliamentary Election: The candidate must be eligible to be a member of the Lok Sabha (i.e., they must be a voter in parliamentary elections).

Not Holding an Office of Profit: The person should not hold any office of profit under the government.

 

 Disqualification

 Citizenship or Age: If the person is not a citizen of India or has attained the age of 75 years.

-Office of Profit: If the person holds any office of profit under the Government of India or any state government.

  

 Privileges

Immunity from Legal Proceedings: The President is immune from legal action and cannot be sued in any court during their tenure.

Protection of Dignity: The President enjoys a high level of dignity and respect and is protected by the Constitution from arbitrary actions.

 

 Vice-President of India (Article 66, 67, and 68)

  Qualification

• Citizenship: Must be a citizen of India.
• Age Requirement: Must be at least 35 years old.
• Voter in Presidential Election: Must be qualified to be a member of Rajya Sabha (a voter in a parliamentary constituency).
• Not Holding an Office of Profit: The individual should not be holding an office of profit under the Government of India.

  Disqualification

Similar disqualification criteria to the President and Member of Parliament apply, such as age, office of profit, and citizenship.

  Privileges

 Immunity: The Vice-President enjoys immunity from legal proceedings and is not liable to any civil or criminal prosecution while in office.

 

4. Union Council of Ministers

 The Union Council of Ministers is headed by the Prime Minister and includes other ministers, including Cabinet Ministers, Ministers of State, and Deputy Ministers.

 

 Qualification and Disqualification (Article 75)

-Qualification: Ministers are appointed from among the Members of Parliament, and they should be a member of either the Lok Sabha or Rajya Sabha. If a person is not a member of Parliament at the time of appointment, they must become a member within six months.

 Disqualification: A Minister may be disqualified for the same reasons as MPs, such as criminal conviction, office of profit, and defection.

 

 Privileges

Salary and Allowances: Ministers receive a salary, allowances, and other benefits as determined by the Parliament.

Freedom of Speech: Ministers enjoy freedom of speech in Parliament.

 

5. Governor of a State (Article 155-161)

  Qualification

Citizenship: The person must be a citizen of India.

Age Requirement: The person must be at least 35 years old.

Not Holding an Office of Profit: The person should not be holding an office of profit under the government.

 

 Disqualification

The Governor can be removed from office by the President of India at any time. Governors do not have a term limit but can be removed or replaced by the President.

 

 Privileges

Immunity: The Governor enjoys immunity from any legal action and is not liable to prosecution in any court of law.

 

 State Council of Ministers

 Similar to the Union Council of Ministers, the State Council of Ministers assists the Chief Minister in running the state government.

 

 Qualification and Disqualification

•  Qualification: Ministers are appointed from the Legislative Assembly or Legislary Council of the state.
• Disqualification: The same disqualification rules apply as for Members of the State Legislature, such as criminal conviction, office of profit, etc.

 

 Privileges

• Salary and Allowances: Ministers at the state level receive salaries, allowances, and other benefits.
• Freedom of Speech: Ministers enjoy similar privileges as Members of the State Legislature.

 

 Conclusion

 The qualification, disqualification, and privileges provided to Members of Parliament, Members of Legislative Assemblies, President, Vice-President, Council of Ministers, and Governor serve to ensure that public officeholders are qualified, held accountable, and allowed to perform their duties effectively without undue interference. These provisions are central to ensuring democratic functioning, rule of law, and good governance in India.