Explained: When can Lok Sabha members be disqualified and under what rules?

Under 102 (2) a person will be disqualified from Lok Sabha if he is so disqualified under the Tenth Schedule, which are basically anti-defection rules.

Hyderabad: Wayanad MP and former president of the Indian National Congress Rahul Gandhi has been disqualified from Lok Sabha as he was convicted in a 2019 defamation case on Thursday.

While Gandhi is expected to appeal in a higher court, let’s take a look at when and under what rules can a Lok Sabha member be disqualified.

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Firstly, Lok Sabha is the lower house of India’s bicameral Parliament. Members of the lower house are elected by the people; except two Anglo-Indian representatives who are nominated by the President.

Article 102 of the Constitution of India and Section 8 of the Representation of the People Act, 1951 are the two rules basis on which a member is disqualified.

Under 102 (1) a person shall be disqualified:

(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

Under 102 (2) a person will be disqualified if he is so disqualified under the Tenth Schedule, which are basically anti-defection rules.

And as per Section 8 of the Representation of the People Act, 1951, if a person is convicted along with a sentence, it would result in disqualification from the house.

Interestingly, Gandhi is not the only MP to be disqualified this year. Lakshadweep MP Mohammed Faizal, who was convicted in an attempt-to-murder case, was also disqualified in January.