Membership of Parliament
When we talk about “Membership of Parliament,” three natural questions arise —
👉 Who can become a member? (Qualifications)
👉 Who cannot or ceases to be a member? (Disqualifications & Vacating of seats)
👉 Who decides these matters? (Authority)
Let’s explore all three, one layer at a time.
Qualifications — Who Can Become an MP?
The Constitution lays down some basic qualifications that every candidate must possess to become a member of Parliament.
Let’s list and explain them in simple terms:
(a) Citizenship
➡️ The person must be a citizen of India.
→ No foreigner, OCI, or dual citizen can contest parliamentary elections.
(b) Oath or Affirmation
Before taking the seat, the member must make and subscribe an oath (or affirmation) before an officer authorised by the Election Commission.
In that oath, the MP swears:
- To bear true faith and allegiance to the Constitution of India, and
- To uphold the sovereignty and integrity of India.
🗣️ So, symbolically, an MP doesn’t just represent people; they also promise loyalty to the Constitution itself.
(c) Minimum Age
- For Rajya Sabha → Must be 30 years or above
- For Lok Sabha → Must be 25 years or above
This reflects the idea that the Rajya Sabha, being the House of Elders, requires slightly more maturity and experience.
(d) Other Qualifications prescribed by Parliament
The Constitution authorises Parliament to make additional rules, and Parliament has done so through the Representation of the People Act, 1951.
Let’s see what that Act adds 👇
Additional Qualifications under RPA, 1951
- The person must be registered as an elector (i.e., a voter) in any parliamentary constituency.
Earlier, to contest from a particular State for Rajya Sabha, one had to be a voter of that same State.
But after 2003, this condition was removed.
➡️ Now, anyone registered as an elector anywhere in India can contest from any State’s Rajya Sabha seat.
The Supreme Court (2006) upheld this as constitutionally valid.
- To contest a reserved seat, the person must belong to that category:
- SC or ST candidate can contest a reserved seat,
- but they are also free to contest a general (non-reserved) seat.
So, reservation gives an additional opportunity, not a restriction.
🟢 Summary of Qualifications
| Qualification | For Lok Sabha | For Rajya Sabha |
|---|---|---|
| Citizenship | Must be Indian | Must be Indian |
| Oath | Allegiance to Constitution & Integrity | Same |
| Minimum Age | 25 years | 30 years |
| Registered Voter | Yes (any constituency) | Yes (any constituency) |
| Category (if contesting reserved seat) | Must belong to SC/ST (for that seat) | Same |
Disqualifications — Who Cannot Be or Continue as an MP?
Just as qualifications define the entry gate, disqualifications define the exit gate.
The Constitution provides a list of five main disqualifications, and the Representation of the People Act (1951) adds several more.
Let’s decode both.
(A) Constitutional Disqualifications
A person shall be disqualified if:
- 🧑💼 Holds an Office of Profit under the Central or State Government
(except the office of Minister or any office exempted by Parliament).
→ The idea is to prevent conflict of interest — lawmakers shouldn’t be profit-takers from the executive. - 🧠 Unsound Mind, declared so by a court.
(The person must be legally declared of unsound mind — not just a medical opinion.) - 💸 Undischarged Insolvent
→ A person who cannot repay debts and hasn’t been legally cleared of insolvency. - 🌍 Not a Citizen of India or has voluntarily acquired citizenship of a foreign State or owes allegiance to another State.
- ⚖️ Disqualified under any law made by Parliament.
This allows Parliament to add further grounds through legislation (which it did under the RPA, 1951).
(B) Disqualifications under RPA, 1951
The following persons are disqualified:
- Those convicted of electoral offences or corrupt practices.
- Those convicted of an offence resulting in imprisonment for 2 years or more
(But note: Preventive detention ≠ disqualification.) - Those who fail to submit accounts of election expenses in time.
- Those who have financial interests in government contracts or works.
- Those who are directors/managing agents in government-owned corporations (with ≥25% government shareholding).
- Those who have been dismissed from government service for corruption or disloyalty to the State.
- Those convicted for promoting enmity between groups or for bribery.
- Those punished for practising social evils like untouchability, dowry, or sati.
(C) Who Decides Disqualification?
Here comes a procedural twist:
- For general disqualifications (like office of profit, corruption, etc.):
The President of India decides.
But the President must first seek the opinion of the Election Commission,
and the President’s decision is binding on that opinion.
Disqualification on the Ground of Defection (Tenth Schedule)
This is the famous Anti-Defection Law, added by the 52nd Amendment Act, 1985.
It says a member can lose membership if he/she defects — meaning, switches political allegiance in ways that destabilize democracy.
A Member is Disqualified if:
- He/she voluntarily gives up membership of the party that got them elected.
(This doesn’t mean formal resignation; even conduct showing disloyalty counts.) - He/she votes or abstains from voting contrary to the party whip (without permission).
- An independent member joins any political party after election.
- A nominated member joins a political party after 6 months of taking seat.
Who Decides?
- In Rajya Sabha → Chairman
- In Lok Sabha → Speaker
⚖️ Supreme Court in Kihoto Hollohan Case (1992): Their decisions are subject to judicial review.
Vacating of Seats — When does an MP’s Seat Fall Vacant?
Now, suppose someone has become a member — when can they lose their seat?
There are several scenarios.
(1) Double Membership
A person cannot be:
- a member of both Houses of Parliament, or
- a member of Parliament and a State Legislature simultaneously.
Here’s how the Representation of the People Act (1951) deals with such situations:
- If elected to both Houses of Parliament, the person must choose one within 10 days.
→ If not, their Rajya Sabha seat becomes vacant. - If already a member of one House and elected to the other, the first seat becomes vacant.
- If elected to two seats in the same House, the member must choose one; else both become vacant.
- If elected to both Parliament and State Legislature, they must resign from one within 14 days — otherwise, the Parliament seat falls vacant.
(2) Disqualification
If a member becomes subject to any disqualification (constitutional, statutory, or defection),
their seat automatically becomes vacant.
(3) Resignation
An MP can resign by writing to:
- Chairman (in Rajya Sabha), or
- Speaker (in Lok Sabha).
The seat becomes vacant once the resignation is accepted.
However, the presiding officer may reject it if it is not voluntary or genuine.
(4) Absence
If an MP remains absent from all meetings of the House for 60 days (without permission),
the House can declare the seat vacant.
Note: The period when the House is adjourned or prorogued (for >4 days) is not counted in those 60 days.
(5) Other Cases
A seat also becomes vacant if:
a. The election is declared void by a court.
b. The member is expelled by the House itself.
c. The member is elected as President or Vice-President.
d. The member is appointed Governor of a State.
⚖️ If a Disqualified Person Wins an Election
The Constitution itself is silent on this, but the Representation of the People Act (1951) provides that:
- The High Court can declare such an election void.
- The aggrieved party can appeal to the Supreme Court.
🧩 In Essence
| Concept | Key Point | Deciding Authority |
|---|---|---|
| Qualification | Age, Citizenship, Oath, Elector | Election Commission supervises |
| Disqualification (General) | Office of profit, foreign allegiance, corruption etc. | President (after EC’s opinion) |
| Disqualification (Defection) | Party switching, voting against whip, etc. | Speaker/Chairman |
| Vacating of Seat | Double membership, absence, resignation, etc. | Speaker/Chairman or House itself |
Oath or Affirmation — The Ritual of Constitutional Loyalty
Let’s begin with a question:
👉 “If you win an election and become an MP, can you enter Parliament and start speaking right away?”
Answer: ❌ No.
Before taking their seat in Parliament, every member — whether of Lok Sabha or Rajya Sabha — must first make and subscribe to an oath or affirmation.
🪔 The Constitutional Logic
This is not just a formality.
It’s a solemn pledge of loyalty to the nation’s foundational principles.
It signifies that the MP’s first allegiance is to the Constitution, not to their party, community, or constituency.
The oath is made before the President, or before any person appointed by the President for this purpose.
The Oath Contains Three Commitments:
- 🪶 To bear true faith and allegiance to the Constitution of India.
- 🛡️ To uphold the sovereignty and integrity of India.
- ⚖️ To faithfully discharge the duty upon which the member is about to enter.
So, in essence, it’s both a moral and constitutional contract between the representative and the Republic.
⚠️ Without the Oath, an MP is Virtually Non-existent in the House
Until a member takes the oath:
- They cannot vote,
- Cannot participate in debates or proceedings,
- Cannot enjoy parliamentary privileges and immunities.
If someone tries to sit or vote without fulfilling these conditions, the Constitution imposes a penalty of ₹500 per day for each day they:
- Sit or vote before taking the oath, or
- Knowingly do so while disqualified, or
- Know they are prohibited from sitting/voting under any parliamentary law.
🗣️ This penalty may sound symbolic, but it reflects a deep constitutional idea —
“You can’t claim the authority of Parliament unless you first accept the supremacy of the Constitution.”
Salaries and Allowances — “Service to the Nation, Sustained by the Nation”
Now, once the member has taken the oath, they are entitled to certain salaries and allowances.
Let’s understand them:
(a) Who Decides?
The Constitution says —
“The members of either House shall receive such salaries and allowances as may be determined by Parliament.”
So, it is Parliament itself that decides the pay of its members through law.
However, the Constitution originally had no provision for pension, which was later introduced by an Act of Parliament in 1976.
(b) Key Legislation
The framework for MPs’ payments is laid down in the:
📘 Salary, Allowances and Pension of Members of Parliament Act, 1954.
This Act is periodically amended to revise amounts based on cost of living and inflation.
(c) 2018 Revisions (Latest Major Update)
- Basic Salary: ₹1,00,000 per month (earlier ₹50,000)
- Constituency Allowance: ₹70,000 per month (earlier ₹45,000)
- Office Expenses Allowance: ₹60,000 per month (earlier ₹45,000)
- Daily Allowance: ₹2,000 per day for attending House sittings (earlier ₹1,000)
(d) Facilities Provided to MPs
MPs are also given several facilities to perform their duties effectively:
- Free travel and accommodation in Delhi,
- Telephone and office facilities,
- Medical coverage,
- Vehicle advance, etc.
These are not perks of luxury — they exist so that MPs from any part of India can serve effectively in Delhi without financial barriers.
(e) Pension Provisions
- Every former MP is entitled to a monthly pension of ₹25,000 (earlier ₹20,000).
- For every additional year of service beyond five years, they get an extra ₹2,000 per month.
🗣️ So, an MP with 10 years of service would receive ₹25,000 + (₹2,000 × 5) = ₹35,000 per month.
Salaries & Allowances of Parliamentary Officers
Now let’s turn to the key office-bearers — the Speaker, Deputy Speaker, Chairman (Vice-President), and Deputy Chairman.
These are collectively called “Officers of Parliament.”
This is governed by another law:
📘 The Salaries and Allowances of Officers of Parliament Act, 1953.
Who are the Officers of Parliament?
- Chairman of Rajya Sabha (Vice-President of India)
- Deputy Chairman of Rajya Sabha
- Speaker of Lok Sabha
- Deputy Speaker of Lok Sabha
(a) Source of Their Salary
Their salaries and allowances are charged on the Consolidated Fund of India,
meaning —
💡 They do not depend on Parliament’s annual vote.
This ensures independence of these high offices.
(b) Current Salary Levels (as per 2018 revision)
- Chairman of Rajya Sabha (Vice-President): ₹4,00,000 per month (earlier ₹1.25 lakh).
- Other Officers of Parliament: Salary equivalent to that of an MP.
They also receive:
- Daily allowance equal to that of an MP,
- Constituency allowance equal to that of an MP.
(c) Sumptuary Allowances
Sumptuary allowance = small discretionary amount given for hospitality and ceremonial expenses.
| Officer | Rate | Equivalent Office |
|---|---|---|
| Speaker, Lok Sabha | ₹2,000/month | Cabinet Minister |
| Deputy Speaker, Lok Sabha | ₹1,000/month | Minister of State |
| Deputy Chairman, Rajya Sabha | ₹1,000/month | Minister of State |
🧩 Why Is This Important?
These financial provisions may seem mundane, but they’re constitutionally significant.
They ensure that:
- No person is deterred from public service for financial reasons.
- Parliamentary independence is maintained — especially for its presiding officers.
- The dignity of the institution is upheld.
✅ Summary Snapshot
| Aspect | Provision | Key Law |
|---|---|---|
| Oath/Affirmation | Before taking seat; swear allegiance to Constitution & integrity of India | Constitution (Art. 99, 188) |
| Penalty for Sitting/Voting without Oath | ₹500 per day | Constitutional penalty |
| Salaries & Allowances of MPs | ₹1 lakh/month + allowances (2018) | Salary, Allowances & Pension Act, 1954 |
| Pension for MPs | ₹25,000/month minimum | Same Act |
| Officers of Parliament | Speaker, Deputy Speaker, Chairman, Deputy Chairman | Officers of Parliament Act, 1953 |
| Charged Expenditure | Their salaries are charged on the Consolidated Fund of India | Ensures Independence |