Indian-polity / Parliament / Qualification and Disqualification in Parliament
Qualification and Disqualification in Parliament
Qualifications:
- The Rajya Sabha: He or she must be an Indian citizen and at least 30 years old.
- S/he should take an oath or affirmation swearing true faith and allegiance to the Indian Constitution.
- According to the Representation of People Act, 1951, he or she must be registered as a voter in the state from which he or she wishes to be elected to the Rajya Sabha.
- However, in 2003, a provision was made stating that any Indian citizen, regardless of the state of residence, could run in the Rajya Sabha elections.
Lok Sabha:
- S/he must be at least 25 years old.
- S/he should swear or affirm that s/he has true faith and allegiance in the Constitution and that s/he will uphold India's sovereignty and integrity.
- S/he must also meet any other requirements imposed by law by the Parliament and be registered to vote in any constituency in India.
- A candidate for a reserved seat must be a member of a Scheduled Caste or a Scheduled Tribe, depending on the case.
Disqualifications Based on the Constitution:
- If he or she holds a lucrative position in the federal or state government (except that of a minister or any other office exempted by Parliament).
- If a court declares him or her to be of unsound mind.
- If he or she is an unsolved insolvent.
- If he or she is not (or no longer is) an Indian citizen.
- If he or she is disqualified by a law passed by Parliament.
On Statutory Grounds (Representation of the People Act, 1951):
- Convicted of certain election offences/corrupt electoral practices.
- Convicted of any crime punishable by two or more years in prison (detention under a preventive detention law is not a disqualification).
- Has been fired from a government position due to corruption or disloyalty to the state.
- Convicted for inciting animosity between different groups or for bribery.
- Punished for preaching and committing social crimes like untouchability, dowry, and sati.
Tenure:
- Rajya Sabha: Every Rajya Sabha member has a six-year tenure.
- Every two years, one-third of its members retire. They are eligible to run for membership again.
- Lok Sabha: The Lok Sabha's normal term is five years. However, on the advice of the Council of Ministers, the President may dissolve it before the five-year term expires.
- Its term can be extended for one year at a time in the event of a national emergency. However, it will not be longer than six months after the emergency has ended.
