The Principal Special Judge for CBI cases in Hyderabad found a Karnataka MLA guilty and disqualified him from the State Legislative Assembly

Disqualification of Members of Parliament and Members of Legislative Assemblies

The disqualification of a Member of the Legislative Assembly (MLA) in India is mainly regulated by Article 191 of the Constitution, the Representation of the People Act, 1951, and the Tenth Schedule (anti-defection law).

The disqualification of a Member of Parliament (MP) in India is mainly regulated by Article 102 of the Constitution, the Representation of the People Act, 1951, and the Tenth Schedule (anti-defection law).

Disqualification According to Article 102

• Occupies any profitable position under the Government of India or State, unless Parliament legally exempts the position.
• Pronounced by an authoritative court to be mentally incompetent.
• Officially declared bankrupt and not yet released.
• Not an Indian citizen, or has willingly obtained citizenship of another country, or demonstrates loyalty to a foreign nation.
• Legal Disqualification: According to the Representation of the People Act, 1951, an individual will face disqualification if they are convicted and receive a prison sentence of two years or longer.
• That individual is ineligible for the duration of incarceration and an additional six years.

Desertion according to the Tenth Schedule:

• If the MP willingly resigns from their party membership.
• If the MP votes or abstains against party instructions without authorization.
• If an independently elected official becomes a member of any political party; and If a nominated member becomes part of any political party after six months have passed.

Power to Determine Disqualification

MPs: The President of India determines disqualification as per Article 103, following a discussion with the Election Commission.

For defection (Tenth Schedule), the decision is made by the Speaker (Lok Sabha) or the Chairman (Rajya Sabha).

MLAs: The Governor determines disqualification according to Article 192, following consultation with the Election Commission of India. In cases of defection as per the Tenth Schedule, the decision is made by the Speaker of the Legislative Assembly.

Changes

• Reinforcing the Anti-Defection Law: The Tenth Schedule, established in 1985, disallows MPs who willingly resign from their party or vote contrary to party instructions.
• The 52nd Constitutional Amendment (1985) sought to reduce political instability by restricting the frequent changing of political parties.
• The 91st Constitutional Amendment (2003) eliminated the clause permitting a third of legislators to break away from a party, thereby complicating defections.
• Addressing Gaps in Disqualification Procedures: The Speaker or Chairman of the House determines disqualification, but worries about impartiality and delays have sparked demands for judicial review.
• Expert panels have suggested that disqualification rulings should be decided by the President (for MPs) or Governor (for MLAs) based on the counsel of the Election Commission of India, promoting enhanced fairness.
• Reform Proposals via Private Member’s Bills: A number of MPs have suggested Private Member’s Bills aimed at establishing stricter timelines for disqualification determinations and minimizing political meddling.
• There is an increasing call for automatic disqualification in instances of party defection, instead of depending on Speaker discretion.

Conclusion

The disqualification of Members of Parliament in India is regulated by a strong legal and constitutional structure designed to maintain the integrity of the legislature. Significant judicial actions have bolstered this framework by encouraging prompt accountability.

Nonetheless, ongoing issues such as political bias in disqualification choices and the criminalization of politics highlight the necessity for additional reforms.

Enhancing these measures is vital for preserving public confidence in democratic entities and guaranteeing a transparent and responsible political framework.