Part V.—The Union.—Arts. 102–105.
Disqualifications
for memberships
102. (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, 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 acknowledgment of allegiance or adherence o a foreign State;
- (e) if he is so disqualified by or under any law made by Parliament.
(2) For the purposes of this article 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.
Decision on ques-
tions as to dis-
qualifications of
members.
103. (1) If any question arises as to whether a member of either House of Parliament has become subject to any of the dis- qualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and his decision shall be final.
(2) Before giving any decision on any such question, the President shall obtain, the opinion of the Election Commission and shall act according to such opinion.
Penalty for sitting
and voting before
making oath or
affirmation under
article 99 or
when not quali-
fied or when dis-
qualified.
104. If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 99, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the Union.
Powers, Privileges and Immunities of Parliament and its Members
Powers privileges
etc., of the
Houses of Parlia-
ment and of the
members and
committees there-
of
105. (1) Subject to the provisions of this Constitution and to the rules and standing orders regulating the procedure of ment and of the Parliament, there shall be freedom of speech in Parliament.
(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.
