With reference to the Union Legislature, answer the following questions:
Explain two conditions under which a member of Parliament can be disqualified.
Topic: Disqualification of a member
Answer
(1) HOLDING AN OFFICE OF PROFIT under the Government of India or of any State (other than an office exempted by law) disqualifies a member. The reason is to keep the legislature independent of the executive: a member paid by the government could not criticise it freely. (2) DEFECTION — under the Anti-Defection Law of the Tenth Schedule, a member is disqualified if he voluntarily gives up membership of the party on whose ticket he was elected, or votes against its direction (the whip). A member is also disqualified if he is of unsound mind, an undischarged insolvent, no longer a citizen of India, or absent from the House for sixty days without permission.
Three marks for two conditions means each must be EXPLAINED, not merely named — give the condition and the reason behind it. Office of profit and defection are the two strongest, and both have a clear rationale worth stating: one protects the legislature’s independence from the executive, the other its stability against floor-crossing. The sixty-day absence rule is a good third if you need one.