Questions

Disqualification of MP's and MLA's on the ground of holding office of profit is a controversial topic of nation-wide debate. It began with the disqualification of Samajwadi Party MP Jaya Bachchan from Rajya Sabha on March 17, 2006 with retrospective effect from July 14, 2004.There are separate provisions of disqualification for the Members of Parliament and MLAs. Our constitution clearly mentions that the Parliament has the power to make a law in respect to the issue of qualification and disqualification of the membership in case:

(i) He holds any office of profit under the Government of India or of any state, other than an office declared by a law of Parliament not to disqualify its holder.

(ii) He is of unsound mind and stand so declared by a competent court.

(iii) He is an undischarged insolvent.

(iv) He is not a citizen of India or has voluntarily acquired the citizenship of a foreign state, or is under any acknowledgement or allegiance or adherence to a foreign state, and

(v) It is he so disqualified by or under any law of Parliament. It applies to the case of 'defection' as prescribed in tenth schedule.

The 44th Constitutional Amendment Act, replaced the phrase ‘internal disturbance’ with the ‘armed rebellion’ to avoid its misuse by the government in power.

Article 19 (1) (c) of the Constitution guarantees to all citizens the right “to form associations and unions.” Under clause (4) of Article 19, however, the State may by law impose reasonable restrictions on this right in the interest of public order, morality or sovereignty and integrity of India.As per the Article 19 of the Constitution, the right to form associations and unions is a fundamental right guaranteed only to citizens.