Membership of Parliament, Meaning, Qualification, Oath & Disqualifications

Member of Parliament

In nations with bicameral legislatures, a member of parliament (MP) is the person who represents the electorate in a parliament. Our representative democracy goals are carried out in the parliament. The provisions for the parliament are covered in Article 79-122. These articles include, among other things, requirements for eligibility, functions, and disqualification rules.

The Member of Parliament is an important part of Indian Polity which an important subject in UPSC Syllabus. Students can also go for UPSC Mock Test to get more accuracy in their preparations.

Members of Parliament Meaning

A Member of Parliament, or MP, represents the people in parliament in nations with bicameral legislatures. Members of parliament often represent the majority of the political parties in a nation. The Rajya Sabha, also known as the House of Elders, and the Lok Sabha, sometimes known as the lower house of Parliament, make up India’s Parliament.

Rajya Sabha

The Rajya Sabha should have a maximum of 250 members, with 238 of those members representing the States and Union Territories and 12 being president-appointed.

Lok Sabha

On the basis of universal adult suffrage, its members are directly chosen. With 530 members representing the States, 20 from the Union Territories, and two from the Anglo-Indian Community chosen by the President, the House can have a maximum of 552 members. Currently, there are 543 members in the House.

Members of Parliament Qualification

According to Article 84 of the Constitution, a person is eligible to serve as a member of the parliament if:

• A citizen of India
• The Rajya Sabha requires a minimum age of 30, but the Lok Sabha requires a minimum age of 25.
• Have any other characteristics that might be outlined in that regard by or according to any law passed by Parliament.

The Representation of People Act (1951), which included further requirements for MPs, was spurred by the third criterion. These requirements are as follows:

• One voter may be selected. The candidate must therefore be registered to vote and have the legal right to do so in a parliamentary constituency.
• A person loses the ability to run for office if they lose their ability to vote for any reason.
• For instance, a person who is lawfully detained or incarcerated at the time of an election is not permitted to cast a ballot. On the other hand, a person under preventive custody is permitted to cast a ballot. These decide a person’s qualification to stand for election as a member of parliament.
• Voting does not need that a person be a registered voter in the same constituency. Both the Lok Sabha and the Rajya Sabha are affected by this.
• Only if the Lok Sabha seat is designated as being reserved for them, may a member of a reserved category seek for office. An SC/ST candidate can, however, also run for an open seat.

Membership of Parliament Oath or Affirmation

Each Member of Parliament must take an oath or affirmation before the President or another person designated by him before taking a seat in either House of Parliament. A member cannot vote, participate in House proceedings, or be granted parliamentary rights and immunities unless they take the oath.

In the following situations, an individual is subject to a fine of 500 for each day that they sit or vote as a member of a House:

• Before administering the proper oath or affirmation and pledging allegiance to it.
• When he learns that he has been denied or is not eligible for membership.
• When he learns that he is prohibited from participating in or casting a vote in the House by any parliamentary law.

Members of parliament Lok Sabha and Rajya Sabha

In Lok Sabha

To establish a law, to ensure the ruling party fulfill its obligations, to address the Lok Sabha on behalf of the constituents in their district, and to approve the government’s planned revenues.

In Rajya Sabha

• Passing legislation and critically assessing the performance of the governing party.
• To agree to the government’s budgetary projections.
• To communicate the viewpoints of their constituencies.
• Another distinct power is the ability to enact laws governing services provided at the state or federal levels.

Membership of Parliament Disqualification

A member of either House of Parliament may be disqualified under certain circumstances, which are outlined in Article 102 of the Constitution. The member will be disqualified if they don’t follow the regulations.

He occupies a lucrative position that is not mentioned in the law of parliament (inside the Government of India or any State government). If a competent judge determines that he has a mental illness, if it is found that he is an unresolved insolvent; If he is not an Indian citizen, if he has purposefully acquired citizenship in another nation, or if he has sworn loyalty to another nation; If a bill enacted by Parliament eliminates him.

Membership of Parliament Disqualification Grounds

Members of Parliament are ineligible, if someone is found to have rigged elections, if the individual has committed certain offences in violation of the IPC, the Civil Rights Act of 1955, the UAPA Act of 1967, and other laws. Members of Parliament are ineligible. If the offender is found guilty of a felony that carries a minimum two-year prison sentence.

Members of Parliament are ineligible. If the individual loses their position with the government. Members of Parliament are ineligible. If a person loses their eligibility as a result of breaking the ninth timetable. The President’s decision (Article 103) is final for MPs in the event of such disqualification, whereas the Governor’s decision (Article 192) is final for state legislators. The President and Governor will consult the Indian Election Commission before taking any action in this regard. High courts may hear arguments challenging such disqualifications.

Grounds for Disqualification

Article 101 – Specifies the following grounds for disqualification:

• If a person is elected to both the Legislative Assembly and Parliament, he or she must resign from one of those positions. If he didn’t, he would lose his eligibility for both positions.
• If he notifies the presiding officer that he is leaving his post.
• If he misses more than 60 days of proceedings without notifying the presiding official.

Disqualification on Grounds of the Anti-Defection law

Any of the following actions could result in disqualification:

• Voluntary resignation from a political party
• Refrain from casting a ballot or taking any actions that are against the wishes of their political party.
• If he or she is a nominated member and joins a political party after the six-month window has passed, or after being elected.

According to the 91st Constitution Amendment Act of 2003, political parties are not disqualified if two-thirds of their members switch allegiances. It used to be one-third (in the past). The Speaker’s and Chairman’s decisions in this situation are final.

Exceptions of Anti-Defection law

If a party member leaves because his or her party has merged with another party, the aforementioned disqualification for defection does not apply in any of the following two scenarios. When two-thirds of a political party’s members approve of a merger, it takes effect.

If a member who has been chosen to preside over the House voluntarily renounces or re-joins his party after vacating that position. This exception has been granted due to the position’s dignity and impartiality. The 91st Amendment Act of 2003 abolished the portion of the Tenth Schedule relating to exemption from disqualification in the case of a split by one-third of the legislature party. It implies that splits are no longer a basis for protecting defectors.

Membership of Parliament UPSC

Parliamentarians are the public face of democracy. India’s constitution specifies comprehensive membership requirements in light of this. Political equity for all is guaranteed by the legislative requirements for qualification and disqualification. The freedom to conduct legislative activity has advantages. However, the SC emphasizes that they are not requirements. Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.

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