Introduction 

• The disqualification of Members of Parliament represents a crucial constitutional safeguard in India's democratic framework, designed to maintain the integrity and effectiveness of parliamentary representation.  
• Articles 101 to 104 of the Constitution of India, 1950 (COI) establish comprehensive provisions that govern the circumstances under which parliamentarians may be disqualified from their positions.  
• These provisions reflect the founding fathers' vision of ensuring ethical conduct, preventing conflicts of interest, and maintaining the highest standards of public service in the nation's legislative bodies.  
• The framework addresses various aspects, from dual membership restrictions to financial probity and mental competency requirements, forming an essential component of India's parliamentary democracy.  
• These articles not only define the conditions for disqualification but also establish clear procedures for addressing such situations, thereby ensuring transparency and fairness in the democratic process. 

 Legal Provisions for Disqualification of Members of Parliament 

Article 101: Vacation of Seats 

• Dual Membership Prohibition: 
  • No person shall be a member of both Houses of Parliament simultaneously.  
  • In the event of election to both Houses, the member must vacate their seat in one House according to the rules made by the President. 
•  State Legislature and Parliament: 
  • If a person is elected to Parliament while being a member of a State Legislature, their seat in the State Legislature shall become vacant after the expiration of fourteen days from the date of publication of the election results, unless they have previously resigned their seat in the State Legislature. 
•  Resignation Process: 
  • A member may resign their seat by writing under their hand addressed to: 
    • The Chairman or Speaker in case of either House. 
    • The resignation takes effect upon receipt by the concerned authority. 
•  Automatic Vacation: 
  • A member's seat becomes automatically vacant if they: 
    • Become subject to any disqualification mentioned in Article 102(1). 
    • Are absent from all meetings of the House for sixty days without permission. 

Article 102: Disqualifications For Membership 

• Grounds for Disqualification: 
  • A person shall be disqualified from being a member of either House of Parliament if they: 
    • Hold any office of profit under the Government of India or State Government (except offices declared by Parliament by law not to disqualify). 
    • Are of unsound mind and declared so by a competent court. 
    • Are an undischarged insolvent. 
    • Are not a citizen of India or have voluntarily acquired citizenship of a foreign State. 
    • Are disqualified under any law made by Parliament. 
•  Parliament's Power: 
  • Parliament may by law determine: 
    • The extent of disqualification. 
    • The conditions under which disqualification may be removed. 

Article 103: Decision On Questions of Disqualification 

• Referral Authority: 
  • If any question arises regarding the disqualification of a member: 
    • The question shall be referred to the President. 
    • The President's decision shall be final. 
    • The President shall obtain the Election Commission's opinion before making a decision. 
• Procedural Requirements: 
  • All proceedings regarding disqualification must be conducted in accordance with Article 103. 
  • The matter must be decided within a reasonable time. 
  • The member has the right to be heard. 

Article 104: Penalty For Sitting and Voting Before Compliance with Requirements 

• Monetary Penalty: 
  • If a person sits or votes as a member before: 
    • Taking the oath or affirmation under Article 99. 
    • Knowing they are not qualified or disqualified. 
    • Knowing they are prohibited from doing so they shall be liable to pay a penalty of five hundred rupees for each day they sit or vote. 
•  Recovery Process: 
  • The penalty shall be recoverable as a debt due to the Union. 
  • The amount shall be determined by the House. 

Conclusion 

The constitutional provisions regarding the disqualification of Members of Parliament represent a carefully crafted balance between maintaining parliamentary integrity and ensuring fair representation. These articles serve multiple crucial purposes: they prevent conflicts of interest, ensure dedicated service to constituents, and maintain the dignity of parliamentary institutions.