Qualification/ Disqualification of MPs/MLAs

Membership of Parliament
QualificationsDisqualifications
By the Constitution:
1. A citizen of India.
2. Make and subscribe to an oath or affirmation:
a. To bear true faith and allegiance to the Constitution of India
b. To uphold the sovereignty and integrity of India
3. Age- Rajya Sabha: 30 years and Lok Sabha: 25 years.
4. Other qualifications prescribed by Parliament.

The Representation of People Act (1951):
1. Registered as an elector for parliamentary constituency.
2. Only a member of scheduled caste or scheduled tribe can contest a reserved seat.
By the Constitution:
1. If he holds any office of profit
2. If he is of unsound mind and stands so declared by a court.
3. If he is an undischarged insolvent.
4. If he is not a citizen of India or voluntarily acquired the citizenship of a foreign state
5. If he is so disqualified under any law made by Parliament.

The Representation of People Act (1951):
1. Guilty of certain election offences or corrupt practices in the elections.
2. Convicted for any offence resulting in imprisonment for two or more years except under preventive detention law.
3. Failed to lodge an account of his election expenses within the time.
4. Interested in government contracts, works or services.
5. Hold an office of profit in a corporation in which the government has at least 25 per cent share.
6. Dismissed from government service for corruption or disloyalty to the State.
7. Convicted for promoting enmity between different groups or for the offence of bribery.
8. Preaching and practising social crimes such as untouchability, dowry and sati.
Membership of State Legislature
QualificationsDisqualifications
By the Constitution:
1. A citizen of India.
2. Make and subscribe to an oath or affirmation-
a. To bear true faith and allegiance to the Constitution of India
b. To uphold the sovereignty and integrity of India
3. Age- legislative council: 30 years and legislative assembly: 25 years.
4. Other qualifications prescribed by Parliament.

The Representation of People Act (1951):
1. Elector for an assembly constituency in the concerned state.
2. Elector for an assembly constituency in the concerned state.
3. Only a member of scheduled caste or scheduled tribe can contest a reserved seat.
By the Constitution-
1. If he holds any office of profit
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 the citizenship of a foreign state
5. If he is disqualified under any law made by Parliament.

The Representation of People Act (1951)-
1. Guilty of certain election offences or corrupt practices in the elections.
2. Convicted for any offence resulting in imprisonment for two or more years except preventive detention law.
3. Failed to lodge an account of his election expenses within the time.
4. Interest in government contracts, works or services.
5. Hold an office of profit in a corporation in which the government has at least 25 per cent share.
6. Dismissed from government service for corruption or disloyalty to the state.
7. Convicted for promoting enmity between different groups or for the offence of bribery.
8. Punished for preaching and practicing social crimes such as untouchability, dowry and sati.
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