Q. A person elected as a member of Parliament can be disqualified under which of the following circumstances?
1. if he is of unsound mind and stands so declared by a court.
2. If he is convicted for promoting enmity between different groups.
3. if he is an undischarged insolvent.
4. If he has voluntarily acquired the citizenship of a foreign State.
Select the correct answer using the code given below.
Exp) Option d is the correct answer.
A person elected to be a member of Parliament can be disqualified either under the provisions of the constitution or the Representation of People’s Act (1951).
Statements 1, 3 and 4 are correct: Under the Constitution, a person shall be disqualified from being elected as a member of Parliament in the following cases.
- if he holds any office of profit under the Union or state government (except that of a minister or any other office exempted by Parliament).
- if he is of unsound mind and stands so declared by a court.
- if he is an undischarged insolvent.
- 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 to a foreign state; and 5. if he is so disqualified under any law made by Parliament.
Statement 2 is correct: Other than the Constitution, many conditions of disqualification have been given in the Representation of People Act (1951). Under this Act, a person elected as a member of Parliament can be disqualified if he is convicted for promoting enmity between different groups.
| Important Tips Other grounds for disqualifications provided under the Representation of People Act (1951) are: 1. He must not have been found guilty of certain election offences or corrupt practices in the elections. 2. He must not have been convicted for any offence resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification. 3. He must not have failed to lodge an account of his election expenses within the time. 4. He must not have any interest in government contracts, works or services. 5. He must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share. 6. He must not have been dismissed from government service for corruption or disloyalty to the State. |
