102. Disqualifications for membership:- (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. (Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3, for “(2) For the purposes of this article” (w.e.f. 1-3-1985)
[(2) A person shall be disqualified for being a member of either House of Parliament if
he is so disqualified under the Tenth Schedule.] (Ins. by s. 3, ibid. (w.e.f. 1-3-1985)
[103. Decision on questions as to disqualifications of members:- (1) If any
question arises as to whether a member of either House of Parliament has become subject to
any of the disqualifications mentioned in clause (1) of article 102, the question shall be
referred for the decision of the President and his decision shall be final. (2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.] (Art. 103 has been successively subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 20 (w.e.f. 3-1- 1977) and the Constitution (Forty-fourth Amendment) Act, 1978, s. 14 to read as above (w.e.f. 20-6-1979)
104. Penalty for sitting and voting before making oath or affirmation under
article 99 or when not qualified or when disqualified:- If a person sits or votes as a
member of either House of Parliament before he has complied with the requirements of article
99, or when he knows that he is not qualified or that he is disqualified for membership
thereof, or that he is prohibited from so doing by the provisions of any law made by
Parliament, he shall be liable in respect of each day on which he so sits or votes to a penalty
of five hundred rupees to be recovered as a debt due to the Union.
Source: The Constitution Of India (AS ON 14th JANUARY 2019), Government Of India, Ministry of Law and Justice, Legislative Department, Karnataka Official Language (Legislative) Commission and Directorate of Translations, Government of Karnataka, Page No. 40
