This article has been written by Ms. Abhradip Sinha from Amity Law School, Kolkatta.

ABSTRACT:

A member of parliament (MP) is an individual who addresses individuals who live in their election locale in parliament. India’s constitution laid out a parliament as the country’s regulative body. The parliament is where we set our representative democracy objectives in motion. Article 79-122 mainly deals with provisions for parliament, like qualification norms, capabilities, and disqualification guidelines, in addition to other things.

INTRODUCTION:

Members of parliament in India are known as Lok Sabha and Rajya Sabha. Both houses have elected and nominated members. Members of the Lok Sabha are elected directly by adult suffrage, whereas members of the Rajya Sabha are elected indirectly through members of state legislative legislatures. While the President nominates two members of the Anglo-Indian community in Lok Sabha, the President nominates 12 members in Rajya Sabha who have excelled in different sectors like art, literature, science, social service, and so on. An elected member of the Rajya Sabha serves for six years, whereas an elected member of the Lok Sabha serves for five years, subject to certain restrictions.

BASIC QUALIFICATIONS:

A person is qualified to be a member of parliament under Article 84. Article 84 says,

1. He must be an Indian Citizen.
2. In the Rajya Sabha, he or she must be 30 years old, whereas, in the Lok Sabha, he or she must be 25 years old.
3. possesses any additional qualities that may be stipulated in that regard by or under any law enacted by Parliament.

The third criterion prompted the Representation of People Act to include additional qualifications for MPs (1951). These qualifications are as follows:

1. A single elector can be chosen. As a result, the candidate must be registered as a voter and eligible to vote in a parliamentary constituency. If a person loses his or her right to vote for any reason, he or she will also lose his or her right to run for office. For example, a person who is incarcerated or in lawful detention at the time of elections is ineligible to vote. A person in preventive custody, on the other hand, is allowed to vote. These determine whether a person is eligible to run for election as a Member of Parliament.
2. A person does not have to be a registered voter in the same constituency to vote. This applies to both the Lok Sabha and the Rajya Sabha.
3. A person from a reserved category can only run for office if the Lok Sabha seat is reserved for them. However, an SC/ST person can run for an unreserved seat as well.

OATH TAKING:

1. Before taking his seat in either House of Parliament, each member must make and subscribe to an oath or affirmation before the President or someone authorized by him for this purpose. 
2. Unless a member takes the oath, he cannot vote or participate in House proceedings and is not entitled to parliamentary privileges and immunities.
3. A person is subject to a fine of 500 for each day he sits or votes as a member of a House in the following circumstances: 

1. Before taking the appropriate oath or affirmation and subscribing to it.
2. When he is informed that he is ineligible or rejected for membership.
3. When he is informed that he is barred from sitting or voting in the House under any parliamentary statute.

The way they got qualified to be a member of parliament, in the same way, there are various criteria by which a Member of Parliament can be disqualified.

DISQUALIFICATION OF MEMBER OF PARLIAMENT:

1. If a person is found guilty of rigging elections.
2. If the person is guilty of specific crimes, such as the IPC, the Civil Rights Act of 1955, the UAPA Act of 1967, and so on.
3. If the person is guilty of a crime he carries a sentence of at least two years in jail.
4. If the person is fired from their government job.
5. If a person is disqualified due to a violation of the tenth schedule.
6. In the event of such disqualification, the President’s judgment (Article 103) is final for MPs, while the Governor’s decision (Article 192) is final for state legislators.
7. Before making any decision in this regard, the President and Governor will seek the advice of the Indian Election Commission.
8. Such disqualifications might be challenged in high courts.
9. Article 101 – Provides for the following grounds for disqualification:
   1. If a person is elected as both a Member of Parliament and a Member of the Legislative Assembly, he must give up one of his memberships. He’d be disqualified for both seats if he didn’t do so.
   2. If he resigns from his position by notifying the presiding officer of his decision.
   3. If he is absent without giving the presiding officer notice for more than 60 days.

CONCLUSION:

Members of parliament are the face of democracy. In light of this, India’s constitution establishes all-inclusive membership qualifications. The legal conditions for qualification and disqualification are written in such a way that political fairness is ensured for all. There are benefits to performing legislative business freely. The SC, however, emphasizes that these are not absolutes.

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