This document outlines the qualifications, disqualifications, and conditions for vacating seats for members of parliament (MPs) in India. MPs must be Indian citizens over the age of 25 for the Lok Sabha or 30 for the Rajya Sabha. They can be disqualified for holding an office of profit, unsoundness of mind, being an undischarged insolvent, ceasing to be a citizen of India, or defecting by changing their political party affiliation. The presiding officers of each house, such as the Speaker of the Lok Sabha, decide on disqualification cases. Grounds for vacating a seat include resignation, extended absence, or taking up another office such as the presidency.

1. ANTI DEFECTION LAW

2. Qualifications to Become an MP
As per article 84 of the constitution, a person is qualified to be a
member of parliament provided he/she-
1. is a citizen of India
2. has completed 30 years of age in case of Rajya Sabha and 25 years in
case of Lok Sabha.
3. possesses such other qualifications as may be prescribed in that
behalf by or under any law made by Parliament.
As per Representation of PeopleAct (1951)-
1. The candidate must be registered as a voter in a parliamentary
constituency and must be eligible to vote.
2. It is not necessary that a person should be registered as a voter in the
same constituency.This is applicable for both Lok Sabha and Rajya
Sabha.

3. Disqualification grounds
 Under article 102, a member of parliament will be disqualified for
membership if-
1. He holds any office of profit under the Union or state government (except
that of a minister or any other office exempted by Parliament);
2. He is of unsound mind and stands so declared by a court;
3. He is an undischarged insolvent;
4. He has ceased to be a citizen of India or is under any acknowledgement of
allegiance or adherence to a foreign State
5. He is disqualified under any other law by parliament;
6. A person shall be disqualified for being a member of either House of
Parliament if he is so disqualified under theTenth Schedule.
 The question whether a member is subject to disqualification in all other
matters except under 10th schedule (6th point) is decided by President.
However, President should obtain the opinion of the election commission
before taking such decision.

4. As per Representation of PeopleAct (1951) other conditions of disqualifications
are-
1. He must not have been found guilty of certain election offences and
corrupt practices
2. He must not have been convicted for any offence that results in
imprisonment for two or more years. However, detention under preventive
detention law is not disqualification.
3. He must not have failed to lodge an account of election expenses within
stipulated time.
4. He must not have any interest in government contracts, works and
services.
5. He must not be a director or managing personnel in a company /
organization in which government has at least 25% share.
6. He must not have been dismissed from government service due to
corruption or disloyalty to state.
7. He must not have been convicted for promoting enmity between groups.
8. He must not have been punished for supporting social crimes such as
untouchability, sati, dowry etc.

5. Disqualification on ground of Defection
UnderArticles 102(2) and 191(2),Tenth Schedule, a member of a House
belonging to any political party shall be disqualified for being a member of the
House-
1. If he has voluntarily given up his membership of such political party;
2. If he votes or abstains from voting in the House contrary to any direction
issued by the political party to which he belongs, unless such voting or
abstention has been condoned by the political party within fifteen days.
3. A member elected as an independent candidate shall be disqualified if he
joins any political party after his election.
4. A nominated member is allowed to join a political party provided he joins
such political party of his choices within a period of six months.After that
period, joining a political party would lead to defection and
disqualification.

6. Disqualification on ground of defection not to apply in case of
merger-
 A member of a House shall not be disqualified under defection where
his original political party merges with another political party.
 Merger takes place when 2/3 of the members of the party have agreed
to such merger
Exemption-
 If a member after being elected as a presiding officer of the House,
voluntarily gives up the membership of his party or rejoins the party
after he cease to hold that office.

7. Deciding Authority-
 The question of disqualification underAnti-defection /Tenth Schedule
is decided by the Presiding Officer of the House, Chairman in the case
of Rajya Sabha (i.e.Vice-President) and Speaker in the case of Lok
Sabha.
 In Kihoto Holohan Case 1993, Supreme Court clarified that decision
taken by presiding officer are subject to Judicial Review.
 Same rules applies to Members of State Legislatures

8. Other Conditions of Vacating the Seats
1. A member of parliament can resign from his seat.The resignation letter is
addressed to Presiding Officer of the House.
2. The Presiding officer declare the seat vacated if a member has remained
absent from all its meetings for a period of 60 days without permission.
While calculating the 60 days, the period for which house is prorogued or
adjourned is not counted.
3. If a member has been elected as President orVice-President, or has been
appointed as Governor of a state, his seat will be vacated.
4. A person cannot be come member of both Lok Sabha and Rajya Sabha at one
time. If a person is elected from both the houses, he need to intimate within
10 days to the house of which he desires to serve. However, if he fails to
make such intimation, his Rajya Sabha membership will end.
5. If a person has contested elections on two seats and is elected on both, he
needs to choose one. If he fails to do so, both the seats will get vacated.
6. A person cannot be MLA and MP at the same time. If it happens that a
person is both an MLA and MP, his MP seat will vacate.

9. Criticism of 10th Schedule
 It curbs the legislator’s right to dissent and freedom of conscience.
 Distinction between individual defection and group defection is
irrational.
 Doesn’t provide for the expulsion of legislator fro his party for his
activities outside the legislature.
 Discrimination between independent member and nominated
member.
 Presiding Officer’s decision may not be impartial and he also lacks the
legal knowledge and experience to adjudicate upon the case.