Скачать или смотреть Disqualification of MPs

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Constitutional Provisions for Disqualification
Articles 102 & 191: Basic disqualification criteria for an MP are laid down in Article 102 of the Constitution and for an MLA in Article 191.
Article 102 authorizes Parliament to make law determining conditions of disqualifications.
Grounds for disqualification under Constitution:
Holding an office of profit under the Government of India or State Government
Being of unsound mind
Being an undischarged insolvent
Not being an Indian citizen or for acquiring citizenship of another country.Tenth Schedule: Commonly known as the ‘anti-defection law’, it was meant to arrest the practice of legislators from changing political affiliations during their term in office.
A member incurs disqualification under the defection law:
If he voluntarily gives up the membership of the political party on whose ticket he is elected to the House;
If he votes or abstains from voting in the House contrary to any direction given by his political party;
If any independently elected member joins any political party; and
If any nominated member joins any political party after the expiry of six months.
Authority: The question of disqualification under the Tenth Schedule is decided by the Chairman in the case of Rajya Sabha and Speaker in the case of Lok Sabha.
The present law does not specify a time-period for the Presiding Officer to decide on a disqualification plea. The decision of the Chairman/Speaker in this regard is subject to judicial review.
Exceptions in Anti-Defection Law: The law enables a party to merge with another party if at least two-thirds of the legislators of the party are in favour of such a merger.