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Section 102 – Constitution of India

Constitution of India

 

 

102. Disqualifications for membership.

 

(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament-

 

(a) If he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;

 

(b) If he is of unsound mind and stands so declared by a competent court;

 

(c) If he is an undischarged insolvent;

 

(d) If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;

 

(e) If he is so disqualified by or under any law made by Parliament.

 

1[Explanation. For the purposes of this clause] a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.

 

2[(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.]

 

1. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3 for “(2) For the purposes of this article” (w.e.f. 1-3-1985).

 

2. Ins. by s. 3, ibid. (w.e.f. 1-3-1985).

 

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