Article 102 of Indian Constitution - Detailed Analysis
IMPORTANT LINKS
Part 5 of the Indian Constitution
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Overview |
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Name of the Article |
Article 102 - Disqualifications for membership |
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Part of the Constitutional Article |
Part V |
The Constitution is the supreme law of land. It defines a detailed framework for the governance of the country. It underlines the structure, powers and responsibilities of various governmental bodies. One of the important provisions of the Constitution is Article 102 of Indian Constitution which deals with the disqualifications for membership. The provision ensures that those who are unfit or not eligible to hold office are prevented from being elected as the members of the Parliament.
Interpretation of Article 102 of Indian Constitution
Article 102 of the Constitution states -“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. 2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.”
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The provision of Article 102 of Indian Constitution disqualifies a person for being elected or being a member of either of the House of the Parliament for the following reasons -
- The office of profit prevents individuals from holding a government position that could lead to conflicts of interest while serving as members of Parliament, unless explicitly exempted by law
- A person who has been declared of unsound mind by a competent court is disqualified from serving in Parliament
- Individuals who have been declared insolvent and have not resolved their debts
- Only Indian citizens are eligible to be members of the Parliament
- Parliament has the authority to enact laws defining additional disqualifications.
Lastly, the Tenth Schedule deals with political defections and disqualifies members who switch parties.
Conclusion
Article 102 of Indian Constitution helps to maintain the integrity of the Parliament by disqualifying individuals who are unfit to be elected as the member of the Parliament. The purpose of Article 102 is to maintain the values of democracy, integrity and ethical standards within the Parliament.
FAQs about Article 102 of Indian Constitution
What is the purpose of Article 102 of the Indian Constitution?
Article 102 ensures that only eligible and capable individuals can be elected as members of Parliament.
What are the disqualifications mentioned under Article 102?
A person can be disqualified from being a member of Parliament for the following reasons: holding an office of profit under the Government of India or any state government, declared unsound mind by a competent court, being an undischarged insolvent, not a citizen of India etc.
What is the relation between the Tenth Schedule and Article 102?
The Tenth Schedule deals with the anti-defection law and disqualifies MPs who switch political parties.
Is it true that foreign citizens can hold a position in the Indian Parliament?
No, only Indian citizens are eligible to become members of Parliament.
Under which Part of the Constitution Article 102 is mentioned?
Article 102 is mentioned under Part V of the Constitution of India.