What Is Constitution Of India Article 102?

Constitution of India Article 102: Disqualifications for Membership

(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament—

• ¹(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.

²Explanation: 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)³ A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.

NOTE

¹ Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 19 to read as (a) if he holds any such office of profit under the Government of India or the Government of any State as is declared by Parliament by law to disqualify its holder (date not notified). This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45 (w.e.f. 20-6-1979).

² Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3, for (2) For the purposes of this article (w.e.f. 1-3-1985).

³ Ins. by s. 3, ibid. (w.e.f. 1-3-1985).

Brief Detail

Article 102 lays down the criteria for disqualifying individuals from being elected as or continuing as members of Parliament. The disqualifications ensure transparency, prevent conflicts of interest, and maintain the integrity of the legislative process.

Question & Answers

What is the office of profit under Article 102?

It refers to a position that provides financial gain or benefit, under the control of the Government of India or a State Government. Holding such an office disqualifies an individual from parliamentary membership unless exempted by law.

Why is the office of profit clause important?

This provision ensures that members of Parliament remain independent in their decision-making and do not have conflicts of interest arising from financial gains linked to governmental offices.

Example

Suppose a Member of Parliament (MP) is appointed to a government advisory board that provides financial remuneration. Unless Parliament exempts this office through law, the MP would be disqualified under Article 102.

Summary

Article 102 safeguards the integrity of Parliament by disqualifying individuals who hold conflicting positions, are financially compromised, or meet other disqualification criteria. This ensures impartial and dedicated governance.