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What is Article 102 of indian constitution ?

 Article 102 of the Indian Constitution lays down the grounds on which a Member of Parliament (MP) — that is, a member of Lok Sabha or Rajya Sabha — can be disqualified from holding their seat.


📜 Text of Article 102 (Simplified)

A person shall be disqualified from being chosen as or being a Member of Parliament if:


🔹 Clause (1): Grounds for Disqualification

A person is disqualified if they:

  1. Hold any office of profit under the Government of India or any State (except certain offices exempted by law).

  2. Are of unsound mind, and declared so by a competent court.

  3. Are an undischarged insolvent (i.e., legally bankrupt and unresolved).

  4. Are not a citizen of India, or have voluntarily acquired the citizenship of a foreign country, or acknowledge allegiance to a foreign state.

  5. Are disqualified under any law made by Parliament.


🔹 Clause (2): Law-Making Power of Parliament

Parliament may make laws to add or clarify disqualifications under clause (1).


✅ Key Points of Article 102

Clause Provision Explanation
(1)(a) Office of profit Can’t hold paid office under government unless exempted by law
(1)(b) Unsound mind Disqualified if declared mentally unfit by a court
(1)(c) Undischarged insolvent Disqualified if legally bankrupt and case not yet settled
(1)(d) Foreign allegiance Disqualified if not an Indian citizen or supports another country
(1)(e) Disqualified by law Laws like the Representation of the People Act, 1951 apply
(2) Parliament's power Parliament can add more disqualification rules by law

🧾 Example

  • A person holding a government job while trying to contest elections would be disqualified under "office of profit."

  • An MP found guilty of corruption or criminal conviction under the Representation of the People Act, 1951 may be disqualified.


📌 Summary of Article 102

Grounds for Disqualification Description
Office of profit Paid post under government (unless exempted)
Unsound mind Declared unfit by court
Insolvency Not yet legally resolved as bankrupt
Not an Indian citizen / foreign allegiance Must be Indian citizen and not loyal to another country
Disqualified by law E.g., under Representation of the People Act, 1951