102. Disqualifications for membership.—(1) A person shall be
disqualified for being chosen as, and for being, a member of either House of
Parliament—
1
[(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.
2
[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.
3
[(2) A person shall be disqualified for being a member of either House
of Parliament if he is so disqualified under the Tenth Schedule.]
4
[103. Decision on questions as to disqualifications of members.—
(1) If any question arises as to whether a member of either House of Parliament
has become subject to any of the disqualifications mentioned in clause (1) of
article 102, the question shall be referred for the decision of the President and
his decision shall be final.
1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 19 to read as "(a) if he
holds any such office of profit under the Government of India or the Government of any
State as is declared by Parliament by law to disqualify its holder" (date not notified). This
amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45
(w.e.f. 20-6-1979).
2 . 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).
3. Ins. by s. 3, ibid. (w.e.f. 1-3-1985).
4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 20, for art. 103 (w.e.f. 31-1977) and further subs. by the Constitution (Forty-fourth Amendment)
Act, 1978, s. 14,
for art. 103 (w.e.f. 20-6-1979).
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