Q. In which of the following situations does a Member of Parliament (MP) vacate their seat or face disqualification?
1.Upon the commission of a breach of parliamentary privilege.
2.Upon being elected to a State Legislative Assembly.
3.Upon conviction for a criminal offense resulting in imprisonment for two years or more.
4.Upon disobeying a “three-line whip” without prior permission or subsequent condonation.
How many of the above result in the MP losing their seat?

[A] Only one

[B] Only two

[C] Only three

[D] All four

Answer: C
Notes:

Explanation:

  • Incorrect: Breach of privilege leads to suspension or expulsion, but it is not a “disqualification” under Articles 102 or the RPA 1951.
  • Correct: Under the Prohibition of Simultaneous Membership rules, if an MP is elected to a State Legislature, their seat in Parliament becomes vacant.
  • Correct: Following the Lily Thomas v. Union of India case, disqualification is immediate upon conviction (min. 2 years).
  • Correct: This is a ground for disqualification under the Tenth Schedule (Anti-Defection Law).
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