Article 102

Disqualifications for Membership of Parliament

Official heading: “Disqualifications for membership”

Check this article against the official editionAwaiting human legal review

Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part V, Article 102, printed page 46
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Article 102 specifies the grounds on which a person is disqualified from being chosen as or remaining a Member of Parliament, including offices of profit, insolvency, citizenship renunciation, and defection.

2. What It Means in Everyday Language

Article 102 defines the constitutional threshold for who is legally barred from entering or continuing in either House of Parliament. It safeguards representative democracy against conflicts of interest and divided loyalties.

Clause (1) enumerates five core disqualifications: holding an office of profit under the Government of India or a State Government (other than offices exempted by Parliament by law), being declared of unsound mind by a competent court, being an undischarged insolvent, renouncing Indian citizenship or voluntarily acquiring foreign citizenship/allegiance, and being disqualified by or under any law enacted by Parliament (such as the Representation of the People Act, 1951).

Clause (2), added by the Fifty-second Amendment Act, 1985, explicitly incorporates disqualification under the Tenth Schedule, commonly known as the Anti-Defection Law, which penalizes voluntary surrender of party membership or voting contrary to a party whip.

3. Practical Illustrative Example

Everyday Scenario:

A candidate holding a salaried executive directorship in a government-owned public corporation files nomination papers for the Lok Sabha.

Core takeaway: Unless that specific position has been exempted by Parliament under the Parliament (Prevention of Disqualification) Act, 1959, the candidate holds an 'office of profit' and is disqualified under Article 102(1)(a).

Illustrative Notice: Ministers of the Union or States are expressly exempted from being treated as holding an office of profit for this purpose.

4. Important Limits, Qualifications & Exceptions

Article 102 establishes constitutional barriers against compromised or conflicting legislative service.

Office of profit doctrine: Prevents the executive from exerting patronage or financial influence over MPs.
Civil incapacities: Excludes individuals legally certified as of unsound mind or bankrupt.
Exclusive allegiance: Disqualifies dual citizens or persons adhering to foreign sovereign states.
Anti-defection linkage: Clause (2) subjects members to disqualification under the Tenth Schedule.

5. Operative Constitutional Text

(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament— (a) if he 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; (b) if he is of unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; (e) if he is so disqualified by or under any law made by Parliament. Explanation.—For the purposes of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State. (2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 102, printed page 46 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource