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:
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Hold any office of profit under the Government of India or any State (except certain offices exempted by law).
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Are of unsound mind, and declared so by a competent court.
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Are an undischarged insolvent (i.e., legally bankrupt and unresolved).
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Are not a citizen of India, or have voluntarily acquired the citizenship of a foreign country, or acknowledge allegiance to a foreign state.
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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
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A person holding a government job while trying to contest elections would be disqualified under "office of profit."
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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 |
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