THE DRAFT CONSTITUTION 139
THE GAZETTE OF INDIA EXTRAORDINARY, FEB. 26,1948 171
Disqualifications for membership.
Penalty for sitting and voting before making declaration under article 81 or when not qualified or when disqualified.
- (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;
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(b) if he is of unsound mind and stands so declared by a competent court; 10
(c) if he is an undischarged insolvent;
*(d) if he is under any acknowledgment of alle giance or adherence to a foreign power,
or is a subject or a citizen or entitled to the rights or privileges of a subject or a 15
citizen of a foreign power; and
(e) if he is so disqualified by or under any law
made by Parliament.
(2) For the purposes of this article 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—
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(a) he is a minister either for India or for any
State for the time being specified in Part I of the First Schedule; or 25
(b) he is a minister for any State for the time
being specified in Part III of the First
Schedule, if he is responsible to the Le gislature of the State, or where there are
30 two Houses of the Legislature of the
State, to the Lower House of such Legis lature and if not less than three-fourths
of the members of such Legislature or
House, as the case may be, are elected.
- If a person sits or votes as a member of either House of Parliament before he has complied with the requirements of article 81 of this Constitution, 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
- The Committee has inserted this sub-clause, following the provisions of Section 44 (i) of the Commonwealth of Australia Constitution Act.
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