6.2. Disqualifications

Under Article 102(1) & Article 191(1), a person is disqualified for being chosen as, and for being, a member of either House of Parliament/State Legislature if he/she:

a) holds any office of profit under the central or any state government, other than an office declared by Parliament by law not to disqualify its holder; or

b) is of unsound mind and stands so declared by a competent court; or

c) is an undischarged insolvent; or

d) is not a citizen of India, or has voluntarily acquired the citizenship of a foreign state, or is underany acknowledgement of allegiance or adherence to a foreign state; or

e) is otherwise disqualified by or under any law made by Parliament.

Clause (2) of the Article clarifies that a person shall not be deemed to hold an office of profit by reason only that he is a Minister either for the Union or for such State.

Other criteria for disqualification from the membership of a Legislature are provided for by the Representation of the People Act, 1951.