Part V - Parliament • Article

Article 102 Simplified: Disqualifications for membership

Article 102 is the 'Screening Rule.' An MP is disqualified if: 1) They take another government job (Office of Profit). 2) A court declares them mentally unsound. 3) They go bankrupt (Insolvent). 4) They give up Indian citizenship. 5) They are disqualified under the Anti-Defection Law (10th Schedule).

Official Text

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

Simple Meaning

Explain Like Ten

Not everyone can be an MP forever. If an MP takes a paid government job that creates a conflict of interest, becomes bankrupt, loses their mind legally, takes citizenship of another country, or switches parties illegally — they lose their seat. These are the 'exit rules' for bad actors in Parliament.

Student Mode

Article 102 lists the grounds for disqualification from Parliamentary membership: (a) Holding any office of profit under Union/State government (unless Parliament exempts it); (b) Being of unsound mind as declared by a court; (c) Being an undischarged insolvent; (d) Not being an Indian citizen or having acquired foreign citizenship; (e) Being disqualified by any Parliamentary law; (f) Being disqualified under the Tenth Schedule (anti-defection law — added by 52nd Amendment 1985). Being a Minister does NOT count as office of profit.

Example

If an MP leaves their political party to join another for money or power, they can be disqualified under Article 102(2) for 'Defection'.

Key Takeaway

MPs must remain financially, mentally, and politically honest to stay in office.

FAQs

What is 'office of profit'?

A paid position under the government that could compromise an MP's independence. If Parliament has declared the office exempt (e.g., certain statutory bodies), it does not disqualify.

Does being a Cabinet Minister disqualify an MP?

No. The Explanation to Article 102(1) explicitly says that being a Minister for the Union or a State does NOT count as holding an office of profit.

What is the Tenth Schedule disqualification?

Anti-defection: If an MP voluntarily gives up party membership or votes against the party's direction without permission, they can be disqualified. The Speaker/Chairman decides this (Article 102(2)).

Quiz

Which Schedule deals with anti-defection disqualification under Article 102?

Answer: Tenth Schedule

Which of the following does NOT disqualify a person from being an MP under Article 102?

Answer: Being a Union Cabinet Minister