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Question 15 of 98 · Parliament
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SSC

The grounds on which a person shall be disqualified for being chosen as, or for being, a member of either House of Parliament are laid down in:

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Answer: Option A — Article 102

Detailed Solution

Article 102 lays down the grounds for the disqualification of a person for being chosen as, or for being, a member of either House of Parliament.

Grounds of disqualification under Article 102(1):

  • If the person holds any office of profit under the Government of India or the government of any State (other than an office declared by Parliament by law not to disqualify its holder).
  • If the person is of unsound mind and stands so declared by a competent court.
  • If the person is an undischarged insolvent.
  • If the person is not a citizen of India, or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgement of allegiance to a foreign state.
  • If the person is so disqualified by or under any law made by Parliament.

Disqualification on the ground of defection:

Article 102(2), added by the anti-defection law, provides that a person shall be disqualified if he or she is disqualified under the provisions relating to defection.

Disqualifications under the Representation of the People Act, 1951:

  • A person convicted of certain offences and sentenced to imprisonment for two years or more is disqualified.
  • A person found guilty of corrupt practices in elections is disqualified.
  • In the Lily Thomas case (2013), the Supreme Court held that sitting MPs and MLAs convicted of such offences are disqualified immediately.

Who decides:

Article 103: Questions about the disqualification of a member (other than on the ground of defection) are decided by the President, whose decision is final; the President must act according to the opinion of the Election Commission.

Questions of disqualification on the ground of defection are decided by the Chairman of the Rajya Sabha or the Speaker of the Lok Sabha.

The term "office of profit" is not defined in the Constitution.

Why not the other options?

  • ✗Article 101 deals with the vacation of seats; Article 103 with decisions on disqualification; Article 105 with the privileges of members.

Quick tip

Remember: Article 102 = disqualifications of MPs (office of profit, unsound mind, insolvency, foreign citizenship, law of Parliament, defection); Article 103 = President decides on EC's opinion.

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Parliament — Preparation

This question tests your understanding of Parliament, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers the Parliament of India: the Lok Sabha and Rajya Sabha, their composition, powers and officers, sessions, the law-making process, money bills, joint sittings, parliamentary committees, and devices such as question hour, zero hour and the various motions. Typical questions ask about the maximum strength of each house, the minimum age for members, who certifies a money bill (the Speaker), who presides over a joint sitting, and which committee is chaired by a member of the opposition (the Public Accounts Committee, by convention). Note the special powers of the Rajya Sabha under Articles 249 and 312. Practise the Parliament questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.

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