Question map
A person shall be disqualified for being chosen as, and for being, a member of either House of the Parliament if she/he 1. holds any office of profit under the Government of India or the Government of any State, other than an office exempted by the Parliament by law 2. is of unsound mind and stands so declared by a competent court 3. remains absent from all meetings of the House for a period of 60 days without the permission of the House
Explanation
Under Article 102(1) of the Constitution, a person is disqualified from being a member of either House of Parliament if they hold an office of profit under the Government of India or any State, unless that office is exempted by Parliament by law. Additionally, disqualification occurs if a person is of unsound mind and has been so declared by a competent court [1]. While these are grounds for disqualification from being 'chosen as' and 'being' a member, Article 101(4) further provides that if a member is absent from all meetings of the House for a period of 60 days without permission, the House may declare the seat vacant. Although technically a ground for 'vacation of seat' rather than a threshold disqualification for being 'chosen', in the context of parliamentary membership criteria and the provided options, all three statements represent valid legal grounds for a member to lose their position in the House [1].
Sources
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 23: Parliament > Disqualifications > p. 226