Disqualification and Vacating Seats in Parliament

Disqualification of Members of Parliament

• A member of Parliament can be disqualified under the defection law for:
  • Voluntarily giving up membership of the party on whose ticket they were elected.
  • Voting or abstaining from voting contrary to the party's direction.
  • An independently elected member joining a political party.
  • A nominated member joining a political party after six months.
• The decision of disqualification is made by the Chairman (Rajya Sabha) or Speaker (Lok Sabha), subject to judicial review.

Vacating Seats in Parliament

• A person cannot hold seats in both Houses of Parliament simultaneously.
  • If elected to both Houses, the member must choose within 10 days which House to serve.
  • If a sitting member of one House gets elected to the other House, their seat in the first House becomes vacant.
  • If a person is elected to two seats in the same House, they must choose one, otherwise both seats become vacant.
• A person cannot be a member of both Parliament and a state legislature simultaneously. Resignation from the state legislature is required within 14 days to retain the parliamentary seat.
• Disqualifications under the Constitution also lead to vacating the seat.
• Resignation in writing to the Chairman (Rajya Sabha) or Speaker (Lok Sabha) can vacate a seat, subject to acceptance by the presiding officer.
• A member's seat can be declared vacant if they are absent from all meetings for 60 days without permission.
• A member's election can be declared void by the court if they are disqualified on grounds of defection under the 10th Schedule.

Disqualifications for Membership

• A person is disqualified from being elected to Parliament if:
  • They hold an office of profit under the Union or state government (except ministers or offices exempted by Parliament).
  • They are of unsound mind and declared so by a court.
  • They are an undischarged insolvent.
  • They are not a citizen of India or have voluntarily acquired foreign citizenship.
  • They are disqualified under any law made by Parliament.
• Additional disqualifications in the Representation of People Act (1951):
  • Found guilty of election offenses or corrupt practices.
  • Convicted of an offense resulting in imprisonment for two or more years.
  • Failure to lodge an account of election expenses within the timeframe.
  • Interest in government contracts or services.
  • Being a director or managing agent of a corporation in which the government has a 25% share.
  • Dismissal from government service for corruption or disloyalty.
  • Convicted for promoting enmity between groups or bribery.
  • Punishment for preaching or practicing social crimes like untouchability, dowry, or sati.
• The President makes the final decision on disqualifications, after obtaining the opinion of the Election Commission.

Prorogation of Parliament

• The presiding officer adjourns the House sine die when the session's business is completed.
• The President issues a notification for prorogation of the session shortly after.
• The President can also prorogue the House while it is in session.

Dissolution of Parliament

• Rajya Sabha is a permanent house and not subject to dissolution.
• Lok Sabha is subject to dissolution:
  • Automatically after five years (or extended term during a national emergency).
  • On the President's decision.
• Dissolution ends the life of the existing House, and a new House is constituted after general elections.
• Once dissolved, the Lok Sabha cannot be revived before its term.
• All pending business in the Lok Sabha (bills, motions, etc.) lapses upon dissolution.
• Some pending bills and all pending assurances are not subject to lapsing.

Other Cases of Vacating Seats

• A member's seat is vacated if:
  • their election is declared void by the court.
  • they are expelled by the House.
  • they are elected as President or Vice-President.
  • they are appointed as Governor of a state.

Oath or Affirmation for Members of Parliament

• Before taking their seat, members must take an oath or affirmation before the President or a designated person.
• The oath includes:
  • Bearing true faith and allegiance to the Constitution.
  • Upholding the sovereignty and integrity of India.
  • Faithfully discharging parliamentary duties.
• Failure to take the oath prevents members from voting, participating in proceedings, and enjoying parliamentary privileges.

Penalties for Sitting or Voting Without Qualification

• A penalty of ₹500 per day can be imposed on a member who sits or votes in the following situations:
  • Before taking the oath or affirmation.
  • Knowing they are unqualified or disqualified for membership.
  • Knowing they are prohibited from sitting or voting under parliamentary law.

Salaries and Allowances of Members of Parliament

• Members are entitled to salaries and allowances determined by Parliament.
• There is no constitutional provision for pensions, but Parliament has provided pensions.
• The Salaries, Allowances and Pension of Members of Parliament Act (1954) determines these benefits.

The Rajya Sabha: Chairman

• The Vice-President of India is the ex-officio Chairman of the Rajya Sabha.
• The Chairman's functions are similar to the Speaker's in the Lok Sabha.
• The Chairman can be removed from office only if the Vice-President is removed.
• The Chairman cannot vote initially, but can cast a deciding vote in case of a tie.

The Rajya Sabha: Deputy Chairman

• The Deputy Chairman is elected by the Rajya Sabha from among its members.
• The Deputy Chairman vacates office if:
  • They cease to be a member of the Rajya Sabha.
  • They resign in writing to the Chairman.
  • They are removed by a resolution passed by a majority of Rajya Sabha members.

Rajya Sabha

• Term: 6 years
• Retirements: Members retire in batches determined by lottery for the first Rajya Sabha
• Members can be re-elected: Unlimited number of times
• Term is not fixed by Constitution: Set by Parliament in the Representation of the People Act (1951)

Lok Sabha

• Term: 5 years from first meeting after general elections
• Dissolution: Automatically dissolves after 5 years, but President can dissolve it at any time before
• Term Extension: Can be extended during a national emergency, for one year at a time, by a law of Parliament.
• Extension Limit: Cannot extend beyond 6 months after the emergency ends.

Parliament Qualifications for Membership

• Citizenship: Must be a citizen of India
• Oath: Members take an oath or affirmation to uphold the Constitution, sovereignty and integrity of India
• Age:
  • Rajya Sabha: Minimum 30 years old
  • Lok Sabha: Minimum 25 years old
• Elector: Must be a registered elector for a parliamentary constituency
• Other Qualifications: Prescribed by Parliament in the Representation of the People Act (1951)

Parliament Member Compensation (2018)

• Salary: ₹1,00,000 per month
• Constituency Allowance: ₹70,000 per month
• Office Expenses Allowance: ₹60,000 per month
• Daily Allowance: ₹2,000 per day
• Pension: Graduated scale for each 5-year term in Parliament

Parliament Presiding Officers

• Rajya Sabha: Chairman and Deputy Chairman
• Lok Sabha: Speaker and Deputy Speaker
• Panel of Chairpersons/Vice-Chairpersons: Appointed for both Houses

Speaker of the Lok Sabha

• Election: Elected by Lok Sabha
• Tenure: Typically remains in office for the life of the Lok Sabha, unless:
  • They lose their seat in the Lok Sabha
  • They resign
  • They are removed by a majority vote of the Lok Sabha members
• Powers:
  • Maintains order and decorum of the House
  • Guardians of the powers and privileges of the members, the House, and its committees
  • Principal spokesperson of the House
• Duties: Derives powers and duties from the Constitution, the Lok Sabha Rules, and Parliamentary Conventions

Speaker Pro Tem

• Appointment: President appoints a member, usually the senior-most, to be Speaker Pro Tem
• Duties:
  • Presides over the first sitting of a newly elected Lok Sabha
  • Administers the oath to new members
  • Oversees the election of a new Speaker

Chairman of the Rajya Sabha

• Duties: Presides over the House, similar to the Speaker of the Lok Sabha

Whip

• Role: Appointed by political parties to assist floor leaders
• Responsibilities:
  • Ensure party member attendance
  • Secure party member support on votes
  • Monitor party member behavior
  • Enforce party discipline

Sessions of Parliament

• Summoning: President summons each House of Parliament
• Maximum Gap Between Sessions: No more than 6 months
• Sessions in a Year: Usually three:
  • Budget Session (February-May)
  • Monsoon Session (July-September)
  • Winter Session (November-December)
• Session: Period between the first sitting of a House and its prorogation (or dissolution in the case of the Lok Sabha)
• Recess: Period between the prorogation of a House and its reassembly in a new session
• Adjournment: Suspends the work of a sitting for a specified time
• Adjournment Sine Die: Terminates a sitting for an indefinite period
• Prorogation: Ending a session by the President
• Dissolution: Ending the Lok Sabha by the President