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Article 102 Of Indian Constitution In English
Article 102 – 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 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) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.
Article 102 In English
102 Article – Disqualification 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 a State, other than an office declared by Parliament by law not to disqualify its holder;
(b) if he is of unsound mind and has been so declared by a competent court;
(c) if he is a discharged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is subject to any acknowledgment of allegiance or observance to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament, for the purposes of this section a person shall be entitled to hold office of profit under the Government of India or the Government of any State merely by reason will not be considered. He is either a Minister of the Union or of such State.
(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 102 Of Indian Constitution?
In Article 102 you see “Disqualifications for membership” that means (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; more above.
Article 102 Debate Summary
Draft Article 83 was debated on 19 May 1949 and 13 October 1949. It laid down the grounds for the disqualification of the members of Parliament. A member moved an amendment to remove sub-clause (e) of clause 1. They argued that the draft Article lays down broad grounds for disqualification of members of Parliament, giving future parliaments the power to extend on these grounds would be ‘dangerous’.
Political parties can use it to disqualify their opponents. Another member echoed a similar view – he strongly urged future parliaments not to have the power to add to the list of disqualifications. In addition, he proposed a set of additional grounds that included conviction on the basis of election, offenses involving moral turpitude. In its rebuttal, one member held that a future legislature would not abuse its law-making power under this provision.
He argued that a legitimate parliament that represents the will of the people should have the freedom to make laws on the matter. One member was concerned with the clause in sub-section (b) of clause 1 and favored the removal of ‘declared by a competent court’.
He said that less than ten per cent of persons institutionalized for unsound mind had a manifesto from a court. Only those with assets and financial support would be in a position to obtain a court decree. None of these proposals came to fruition. The Constituent Assembly accepted the draft article on 19 May 1949 and adopted a minor amendment on 13 October 1949.
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