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Indian Polity / Union Legislature

How to become an MP: Qualification, Disqualification and Vacation of Seats

To become an MP for Lok Sabha, the contesting member should not be less than 25 years of age or attained the age of 25 years. For becoming an MP for Rajya Sabha, the member should have attained 30 years of age. Article 84 of the Indian Constitution deals with the qualification of Member of Parliament. Article 102 deals with the disqualification of Member of Parliament. Article 101 deals with the vacation of a seat in Parliament.



Qualification of Member of Parliament

To become a member of Parliament in India, one must meet the following criteria:


  • He must be a citizen of India either natural or naturalized.

  • If he is a registered voter in any Parliamentary Constituency in India, he can contest from any constituency in India, except in the autonomous Districts of Assam, Sikkim and Lakshadweep.

  • For Lok Sabha, a particular reserved seat must be contested by persons belonging to that particular reserved category only. However, there are no reserved seats in case of Rajya Sabha.

  • According to the Representation of the People Act, 1951, a candidate filing for nomination should make a security deposit of Rs. 25,000 if he is a General candidate and for SCs and STs it is Rs. 12,500. This is also applicable to Rajya Sabha even though there are no reservation of seats for SCs and STs in it.

    An MP is elected in India through general elections for Lok Sabha and elections by proportional representation method for Rajya Sabha. The candidate will get back his security deposit if he secures 1/6th of the total votes that are polled and valid.

  • The nomination of candidates should be proposed by 10 voters and supported by 10 voters.

Disqualification of Member of Parliament

Disqualification of Member of Parliament will take place:


  • If he holds office of profit.

  • If he takes on the citizenship of a foreign country or he renounces his Indian citizenship voluntarily.

  • If he misuses his office.

  • If he is an undischarged insolvent.

  • If he has any proven criminal charges.

  • On the grounds of the election malpractices.


Vacating of Seats in Parliament

Vacating of seats in Parliament will take place:


  • If an MP resigns to his office by addressing it to the presiding officer in his own handwriting.

  • If a candidate is elected to Lok Sabha and Rajya sabha simultaneously, he has to intimate his opinion within 10 days after election results are declared. Otherwise, his Rajya Sabha seat is vacated.

  • If a sitting member of one House subsequently elected to the other house, he has to intimate his opinion within 10 days. Otherwise, membership in the former House will be lost.

  • If a member is elected from 2 constituencies simultaneously, within 10 days he has to inform. If that is not done, both the seats will be vacated.

  • If a member of Legislative Assembly or Council is subsequently elected to Parliament, he has to intimate his option within 14 days.

    In such cases, he has to to resign from the membership of Assembly or Council, otherwise MP seat will be vacated. He has to intimate it to the Election Commission.

  • If any MP is elected to the office of President / Vice President, membership of the Parliament is deemed to be vacated. Similarly, if any MP is appointed as Governor of a State, his membership will automatically be vacated.

  • If the High Court of a state invalidates the election of an MP.

  • On the grounds of anti-defection, presiding officer will disqualify the membership of Parliament on the complaint of the party President.

    Otherwise, on all other grounds, President of India disqualifies the membership of Parliament on the advice given by the Election Commission of India.

Salary of Member of Parliament in India

The salary and other allowances of MPs will be fixed by the Parliament. They are charged on the Consolidated Fund of India. They get honorarium (we should not call it as salary).

They get salary plus number of allowances like medical, conveyance, attender, furnished quarters, etc.


Quiz

  1. How many seats are reserved for SC and ST in Rajya Sabha?

    1. 84

    2. 47

    3. 65

    4. None

    Answer

    Ans: D


  2. On the grounds of anti-defection, who will disqualify an MP?

    1. President of India

    2. Supreme Court of India

    3. Presiding Officer of the respective House

    4. High Court of the state to which the MP belongs

    Answer

    Ans: B