Membership of Parliament, Meaning, Qualification, Oath & Disqualifications

In India, the Parliament is the central legislative body of the union government. It has two parts: the Lok Sabha (Lower House) and the Rajya Sabha (Upper House). The Lok Sabha, known as “The House of People,” represents the citizens, while the Rajya Sabha, called “The Council of States,” represents the states and union territories. Article 79 of the Indian Constitution establishes the Parliament and includes the President along with the two houses.

Member of Parliament

Members of Parliament (MPs) in India are elected directly by the people. Articles 79 to 122 of the Constitution outline how Parliament is organized, its procedures, composition, duration, and powers. It serves as a link between the executive and legislative branches of the government.

Functions of Members of Parliament

The Member of Parliament is an important part of Indian Polity which an important subject in UPSC Syllabus. Students can also go for UPSC Mock Test to get more accuracy in their preparations.

Members of Parliament Meaning

A Member of Parliament, or MP, represents the people in parliament in nations with bicameral legislatures. Members of parliament often represent the majority of the political parties in a nation. The Rajya Sabha, also known as the House of Elders, and the Lok Sabha, sometimes known as the lower house of Parliament, make up India’s Parliament.

Rajya Sabha

The Rajya Sabha should have a maximum of 250 members, with 238 of those members representing the States and Union Territories and 12 being president-appointed.

Lok Sabha

On the basis of universal adult suffrage, its members are directly chosen. With 530 members representing the States, 20 from the Union Territories, and two from the Anglo-Indian Community chosen by the President, the House can have a maximum of 552 members. Currently, there are 543 members in the House.

Members of Parliament Qualification

According to Article 84 of the Constitution, a person is eligible to serve as a member of the parliament if:

• A citizen of India
• The Rajya Sabha requires a minimum age of 30, but the Lok Sabha requires a minimum age of 25.
• Have any other characteristics that might be outlined in that regard by or according to any law passed by Parliament.

The Representation of People Act (1951), which included further requirements for MPs, was spurred by the third criterion. These requirements are as follows:

• One voter may be selected. The candidate must therefore be registered to vote and have the legal right to do so in a parliamentary constituency.
• A person loses the ability to run for office if they lose their ability to vote for any reason.
• For instance, a person who is lawfully detained or incarcerated at the time of an election is not permitted to cast a ballot. On the other hand, a person under preventive custody is permitted to cast a ballot. These decide a person’s qualification to stand for election as a member of parliament.
• Voting does not require a person be a registered voter in the same constituency. Both the Lok Sabha and the Rajya Sabha are affected by this.
• Only if the Lok Sabha seat is designated as being reserved for them, may a member of a reserved category seek for office. An SC/ST candidate can, however, also run for an open seat.

Membership of Parliament Oath or Affirmation

Each Member of Parliament must take an oath or affirmation before the President or another person designated by him before taking a seat in either House of Parliament. A member cannot vote, participate in House proceedings, or be granted parliamentary rights and immunities unless they take the oath. In the following situations, an individual is subject to a fine of 500 for each day that they sit or vote as a member of a House:

• Before administering the proper oath or affirmation and pledging allegiance to it.
• When he learns that he has been denied or is not eligible for membership.
• When he learns that he is prohibited from participating in or casting a vote in the House by any parliamentary law.

Members of Parliament Lok Sabha and Rajya Sabha

In Lok Sabha

To establish a law, to ensure the ruling party fulfill its obligations, to address the Lok Sabha on behalf of the constituents in their district, and to approve the government’s planned revenues.

In Rajya Sabha

• Passing legislation and critically assessing the performance of the governing party.
• To agree to the government’s budgetary projections.
• To communicate the viewpoints of their constituencies.
• Another distinct power is the ability to enact laws governing services provided at the state or federal levels.

Membership of Parliament Disqualification

A member of either House of Parliament may be disqualified under certain circumstances, which are outlined in Article 102 of the Constitution. The members will be disqualified if they don’t follow the regulations.

• He occupies a lucrative position that is not mentioned in the law of parliament (inside the Government of India or any State government).
• If a competent judge determines that he has a mental illness, if it is found that he is an unresolved insolvent;
• If he is not an Indian citizen, if he has purposefully acquired citizenship in another nation, or if he has sworn loyalty to another nation; If a bill enacted by Parliament eliminates him.

Membership of Parliament Disqualification Grounds

Members of Parliament (MPs) cannot serve if they are found to have committed certain crimes, such as those outlined in the IPC, the Civil Rights Act of 1955, or the UAPA Act of 1967. If an individual is convicted of a felony with a minimum two-year prison sentence, they are also ineligible.

MPs lose their position if they are removed from government roles or if they violate certain eligibility rules. The President makes final decisions on disqualifications for MPs (under Article 103), while the Governor does so for state legislators (under Article 192). Both will consult the Indian Election Commission before making decisions, and high courts can review challenges to these disqualifications.

Grounds for Disqualification

Article 101 – Specifies the following grounds for disqualification:

• If a person is elected to both the Legislative Assembly and Parliament, he or she must resign from one of those positions. If he didn’t, he would lose his eligibility for both positions.
• If he notifies the presiding officer that he is leaving his post.
• If he misses more than 60 days of proceedings without notifying the presiding official.

Disqualification on Grounds of the Anti-Defection law

Any of the following actions could result in disqualification:

• Voluntary resignation from a political party
• Refrain from casting a ballot or taking any actions that are against the wishes of their political party.
• If he or she is a nominated member and joins a political party after the six-month window has passed, or after being elected.

According to the 91st Constitution Amendment Act of 2003, political parties are not disqualified if two-thirds of their members switch allegiances. It used to be one-third (in the past). The Speaker’s and Chairman’s decisions in this situation are final.

Exceptions of Anti-Defection law

If a party member leaves because their party merged with another, the disqualification for defection does not apply in these two scenarios:

• When two-thirds of a political party’s members approve of the merger.
• If a member who was chosen to preside over the House voluntarily renounces or re-joins their party after leaving that position, to maintain the dignity and impartiality of the role.

The 91st Amendment Act of 2003 removed the exemption from disqualification for a split in the case of one-third of the legislature party. This means splits no longer protect defectors.

Why Did India Choose the Parliamentary System of Government?

The constitution-makers chose the Parliamentary system for several reasons. They were already familiar with it from British rule in India. They valued the clear responsibility it establishes for the Executive. They also wanted to prevent conflicts between the executive and legislature that can happen in a Presidential system, like in the USA. Also, India’s rich diversity made the Parliamentary system appealing, as it better represents the country’s varied communities.

Conclusion

Parliament has rules to ensure smooth operations, including the use of parliamentary committees. These committees help address issues not fully discussed in Parliament and report back to it. They cover various topics like finance, agriculture, and mining. Sometimes, they also look into constitutional amendments for detailed examination. Since members of both houses serve on these committees, the government takes into account the interests of both houses when resolving issues.

Membership of Parliament UPSC

Parliamentarians are the public face of democracy. India’s constitution specifies comprehensive membership requirements in light of this. Political equity for all is guaranteed by the legislative requirements for qualification and disqualification. The freedom to conduct legislative activity has advantages. However, the SC emphasizes that they are not requirements. Students can read all the details related to UPSC by visiting the official website of StudyIQ UPSC Online Coaching.

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