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Constitution of India · Part V: The Union · Disqualifications of Members

Article 102: Disqualifications for membership

In plain words

A person is disqualified from being chosen as, or being, a member of Parliament if they hold an office of profit under the Union or a State (unless Parliament has exempted it), are declared of unsound mind by a court, are an undischarged insolvent, are not a citizen or owe allegiance to a foreign State, or are disqualified by a law of Parliament or under the Tenth Schedule.

  • Being a Union or State Minister does not count as holding an office of profit.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(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 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. [(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.]

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the article 102