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4.2.1. Constitutional Provisions

Article 102 and Article 191 in the Constitution Of India provides for disqualifications for membership to the Union Parliament and State Legislature respectively. Under these article, a person shall be disqualified for being chosen as, and for being, a member of either House of Parliament or of the State Legislature

(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;she/he joins any political party after her/his election.