- 19-Apr-2025
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(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament—
2Explanation: 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)3 A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.
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).
Article 102 lays down the criteria for disqualifying individuals from being elected as or continuing as members of Parliament. The disqualifications ensure transparency, prevent conflicts of interest, and maintain the integrity of the legislative process.
It refers to a position that provides financial gain or benefit, under the control of the Government of India or a State Government. Holding such an office disqualifies an individual from parliamentary membership unless exempted by law.
This provision ensures that members of Parliament remain independent in their decision-making and do not have conflicts of interest arising from financial gains linked to governmental offices.
Suppose a Member of Parliament (MP) is appointed to a government advisory board that provides financial remuneration. Unless Parliament exempts this office through law, the MP would be disqualified under Article 102.
Article 102 safeguards the integrity of Parliament by disqualifying individuals who hold conflicting positions, are financially compromised, or meet other disqualification criteria. This ensures impartial and dedicated governance.
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