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.

Trinamool Congress became the 7th political party to be recognized as a National Party in September 2016.

Conditions for Recognition as a National Party

1. Secure at least 6% of the valid vote in an Assembly or a Lok Sabha General Election in any four or more states and won at least 4 seats in a Lok Sabha General Election from any State or States.

2. Win at least 2% of the total Lok Sabha seats in a Lok Sabha General Election and these seats have to be won from at least 3 states.

3. The party is recognized as a State Party in at least four states.