Home The Constitution Part V Article 102

Art. 102 Part V: The Union

Disqualifications for Membership

Exact text — Constitution of India

(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...; (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...; (e) if he is so disqualified by or under any law made by Parliament. (2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.

In Plain English

What this Article actually means

This Article sets out the specific grounds disqualifying someone from being (or becoming) an MP — holding a government office of profit, being of unsound mind, being an undischarged insolvent, not being (or ceasing to be) an Indian citizen, or being disqualified under any Parliament-made law, PLUS the Tenth Schedule's anti-defection disqualification.

Why This Matters To You

How it shows up in everyday life

This is why an elected MP can lose their seat mid-term for defecting from their party (via the Tenth Schedule) or for other specific reasons like being declared insolvent or of unsound mind by a court — disqualification isn't just about initial election eligibility, but ongoing tenure too.

Landmark Cases

How courts have interpreted this Article

Kihoto Hollohan v. Zachillhu1992 Supp (2) SCC 651 — Upheld the Tenth Schedule's (anti-defection law) constitutional validity, while holding the Speaker/Chairman's decision on defection disqualification is subject to judicial review, not a purely unreviewable internal parliamentary matter. Verify this case

Read alongside this one

Art. 103 — Decision on Questions as to Disqualifications of Members

Frequently Asked

Quick answers about Article 102

What is an 'office of profit' that disqualifies someone from being an MP?

Generally, a government position carrying remuneration or benefits that could compromise the holder's independence as a legislator — though Parliament has specifically exempted certain positions from this disqualification through legislation, and the exact boundaries have been the subject of considerable case law.

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The text above reproduces Article 102 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.