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| - Disqualifications for Membership in Constitution of India, 1950

snapp | COI 1950 0 Notes

Disqualifications for Membership.

(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 acknowledgement of allegiance or adherence to a foreign State;

(e) if he is so disqualified by or under any law made by Parliament.

1[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(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.]

________________________

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

2. Inserted by the Constitution (Fifty-second Amendment) Act, 1985, section 3 (w.e.f. 1-3-1985).

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