Qualifications of MPs

Constitutional Standards & The Anti-Defection Filter

PART I — THE BASELINE (QUALIFICATIONS)

ARTICLE 84

Must be a **citizen of India**.
Must make and subscribe to an **oath or affirmation** before an Election Commission authorized person.
**Age limits:** Must be at least **25 years** old for Lok Sabha and **30 years** old for Rajya Sabha.

RPA 1951

Parliament laid down extra qualifications in the **Representation of the People Act (1951)**.
Must be registered as an elector (voter) in any parliamentary constituency in India.
If contesting a seat reserved for SCs/STs in any state, they must be a member of a Scheduled Caste/Tribe in any state/UT.

ARTICLE 102 & RPA

₹

**Constitutional:** Holding an **Office of Profit** under the Govt, being of unsound mind, an undischarged insolvent, or voluntarily acquiring citizenship of a foreign state.
**Statutory (RPA 1951):** Conviction for certain election offenses, or imprisonment for **2 or more years** (which triggers immediate disqualification).
*Decision Authority:* The **President** decides these cases, and their decision is final, but they MUST act on the advice of the **Election Commission**.

10TH SCHEDULE (1985)

⚡

A member incurs disqualification if they **voluntarily give up** the membership of their political party.
If they **vote or abstain from voting** in the House contrary to any direction (whip) issued by their political party.
*Decision Authority:* Unlike general disqualifications, defection cases are decided by the **Presiding Officer** of the House (Speaker/Chairman), subject to judicial review.

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