QUALIFICATION AND DISQUALFICATION OF MEMBERS OF LOK SABHA AND
STATE LEGISLATURE
Introduction
In India, both the Lok Sabha (House of the People) and the State Legislative Assemblies are vital
parts of our parliamentary democracy. Members of these bodies are responsible for making laws
and representing the people.
To maintain the integrity and effectiveness of these institutions, the Constitution lays down
certain qualifications and disqualifications for who can become a member. These rules ensure
that the representatives are responsible, law-abiding, and capable citizens.
Articles 84 and 102 of the Constitution deal with the qualifications and disqualifications for
Members of Parliament (Lok Sabha), while Articles 173 and 191 apply to State Legislatures.
Qualifications for Members of Lok Sabha and State Legislature
A. Qualifications for Lok Sabha Members (Article 84): To become a Member of Parliament
(Lok Sabha), a person must:
Requirement Details
🇮🇳 Citizenship Must be a citizen of India
🎂 Age Must be at least 25 years old
📃 Electoral Roll Must be registered as a voter in any Indian
parliamentary constituency
👩⚖️ Other qualifications Must not be disqualified under any law (e.g.,
Representation of the People Act, 1951)
B. Qualifications for State Legislature Members (Article 173): To become a Member of a
State Legislative Assembly, a person must:
Requirement Details
🇮🇳 Citizenship Must be a citizen of India
🎂 Age Must be at least 25 years old for the
Legislative Assembly, and 30 years for the
Legislative Council (if any)
📃 Voter Registration Must be a voter in the respective state or any
other Indian constituency
👩⚖️ Other qualifications Must not be disqualified by law (like under
the Representation of the People Act)
Disqualifications of Members (Lok Sabha & State Legislature)
The Constitution also specifies certain grounds on which a person can be disqualified from being
a member of Parliament or a State Legislature.
A. Disqualifications under the Constitution (Article 102 for Parliament & Article 191 for
State Legislatures)
A person shall be disqualified if:
Grounds Explanation
1️⃣ Holding Office of Profit If the person holds a government job or
position (with exceptions)
2️⃣ Unsound Mind If declared so by a court of law
3️⃣ Undischarged Insolvent If the person has not paid off declared debts
4️⃣ Not a Citizen If they are not an Indian citizen, or have
voluntarily taken foreign citizenship
5️⃣ Disqualified by Law If disqualified under any law made by
Parliament, e.g., Representation of the People
Act, 1951
B. Disqualifications under Representation of the People Act, 1951
Some important disqualifications under this law include:
Grounds Explanation
🕵️♂️ Corruption Convicted for bribery, undue influence, or
electoral fraud
⚖️ Criminal Conviction If sentenced to 2 or more years in prison,
disqualified for 6 years after release
💸 Failure to Lodge Election Accounts Not submitting proper election expenditure
reports
❌ Dismissed from Government Service On charges of corruption or disloyalty
👮 Detained under Preventive Detention For more than 2 years under laws like the
National Security Act
C. Disqualification on Ground of Defection (Under the Tenth Schedule, also known as the
Anti-Defection Law)
A member can be disqualified if:
● They voluntarily give up membership of their political party
● They vote against party directions (whip) without permission
● An independent member joins a political party after election
● A nominated member joins a party after 6 months
Decision is made by the Speaker (in Lok Sabha or Assembly) or the Chairman (in Rajya Sabha
or Legislative Council).
Important Case Laws
1. Lily Thomas v. Union of India (2013): The Supreme Court ruled that any Member of
Parliament or State Legislature convicted of a criminal offence and sentenced to 2 or
more years in jail will be immediately disqualified. This judgment struck down the
provision that allowed convicted MPs/MLAs to continue in office during appeals.
2. K. Prabhakaran v. P. Jayarajan (2005): In this case, the Court held that criminal
disqualification applies only after conviction, not merely because of charges. It
emphasized that only a conviction by a competent court can result in disqualification,
ensuring fairness and protection from politically motivated charges.
3. Ravi S. Naik v. Union of India (1994): This case interpreted “voluntarily giving up
membership” of a party under the Anti-Defection Law. The Court held that a member can
be disqualified even without formally resigning, if their actions show that they have
deserted their party, such as joining another party or opposing their own party.
Other Important Points
● The President (for MPs) or the Governor (for MLAs) makes the final decision on
disqualification on the advice of the Election Commission (Article 103 and 192).
● The Speaker or Chairman decides cases of defection.
● Disqualified members can be barred from contesting elections for a period (usually 6
years if criminally convicted).
Conclusion
The qualifications and disqualifications of members of the Lok Sabha and State Legislatures are
important to ensure that only capable, honest, and law-abiding individuals enter public office.
While qualifications set the minimum standards, disqualifications help in removing corrupt or
unfit individuals.
With constitutional provisions, detailed laws like the Representation of the People Act, and
landmark Supreme Court judgments, India has built a strong framework to uphold the purity of
its legislative bodies.
This system helps maintain public trust in democracy and ensures that representatives act
responsibly and ethically.
WHAT IS MONEY BILL? EXPLAIN THE DIFFERENCE BETWEEN MONEY BILL
AND ORDINARY BILL
Introduction
In the Indian Parliament, laws are made by passing bills, which are proposed pieces of
legislation. These bills can be of various types — one of the most important types is the Money
Bill.
A Money Bill deals specifically with matters related to government finances, such as taxation,
borrowing, expenditure, and funds. The Constitution clearly separates Money Bills from
Ordinary Bills due to their special nature and importance to public finance.
Understanding the difference between a Money Bill and an Ordinary Bill is crucial to knowing
how laws are passed and how Parliament functions.
What is a Money Bill?
Definition (Article 110 of the Constitution)
A Money Bill is a bill that only contains provisions related to any or all of the following:
Subject Matter of Money Bill
Imposition, abolition, alteration, or regulation of taxes
Regulation of borrowing of money by the government
Custody of the Consolidated Fund or Contingency Fund of India
Payment of money into or withdrawal from these funds
Appropriation of money out of the Consolidated Fund of India
Receipt of money on account of the Consolidated Fund or Public Account
Declaration of any expenditure as charged on the Consolidated Fund
Certification
● A Money Bill must be certified by the Speaker of the Lok Sabha.
● The Speaker’s decision is final and cannot be questioned in court.
Difference between a Money Bill and an Ordinary Bill
Here’s a comparison table to understand the differences clearly:
🔹 Feature 💰 Money Bill 📄 Ordinary Bill
Definition Deals only with financial Can deal with any other
matters listed in Article 110 subject (law, governance,
social issues, etc.)
Who Introduces Only a Minister in the Lok Any Member of Parliament in
Sabha either House
Speaker’s Certification Required (Speaker must Not required
declare it a Money Bill)
Can be introduced in Only in Lok Sabha Lok Sabha or Rajya Sabha
Rajya Sabha’s Role Can recommend changes Has equal power as Lok
within 14 days, but Lok Sabha; must approve the bill
Sabha can ignore them
Time Limit in Rajya Sabha Must return within 14 days No time limit; can be debated
for longer
Assent of President Required Required
Examples Union Budget, Finance Bill, Education Bill, Environment
Appropriation Bill Bill, Criminal Law Bill
K.S. Puttaswamy v. Union of India (2018) Aadhaar Case
In this case, the Aadhaar Act was passed as a Money Bill, which was challenged in court.
The Supreme Court upheld it as a valid Money Bill, but some judges (minority opinion)
criticized using the Money Bill route for non-financial legislation, warning it can weaken
parliamentary checks and balances.
Conclusion
A Money Bill is a special type of bill that focuses entirely on financial matters of the government
and has a special procedure to ensure smooth and quick passage, especially for crucial matters
like taxation and expenditure. In contrast, an Ordinary Bill goes through normal parliamentary
processes and can be discussed and amended equally in both Houses.
The distinction exists to maintain financial discipline and give the elected house (Lok Sabha) a
greater say in matters of public money. However, it is also essential that this special procedure is
not misused, as seen in some recent debates.