Question map
A person is disqualified for being chosen as, and for being, a Member of either House of the Parliament if the person 1. holds any office of profit under the Government of India or the Government of any State other than an office declared by the Parliament by law not to disqualify its holder 2. is an undischarged insolvent 3. is so disqualified under the Tenth Schedule of the Constitution of India 4. is of unsound mind and stands so declared by a competent Court Select the correct answer using the code given below.
Explanation
Under Article 102(1) of the Constitution of India, a person is disqualified from being a Member of Parliament if they hold an office of profit under the Union or State government (unless exempted by law) [2]. Additional constitutional grounds include being of unsound mind as declared by a competent court, being an undischarged insolvent, or not being a citizen of India. Furthermore, Article 102(2) specifies that a person shall be disqualified if they are so disqualified under the Tenth Schedule, which deals with anti-defection provisions. While the Representation of the People Act, 1951, adds statutory disqualifications (such as conviction for certain offenses), the four points mentioned in the question are all explicitly recognized under the constitutional framework and the Tenth Schedule as valid grounds for disqualification from either House of Parliament.
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Disqualifications > p. 226
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 23: Parliament > Disqualifications > p. 226