A Study on Qualification and Disqualification of Members of Parliament and State Legislature

  • Paridhi Agrawal and Abhiraj Vaidya
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  • Paridhi Agrawal

    Student at NMIMS University, India

  • Abhiraj Vaidya

    Student at NMIMS University, India

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Abstract

The qualification and disqualification of members of parliament and state legislature is a crucial aspect of democratic governance. Qualification criteria, such as age, citizenship, and educational qualifications, ensure that only eligible candidates are allowed to contest elections and become members of the legislature. Disqualification criteria, on the other hand, ensure that members who violate ethical or legal norms are removed from office. This paper provides an overview of the qualification and disqualification criteria for members of parliament and state legislature in India. It discusses the constitutional provisions, judicial pronouncements, and statutory laws that define these criteria. The paper also examines some of the controversies and debates surrounding these criteria, such as the impact of criminalization and corruption in politics. The analysis reveals that while the qualification criteria are generally aimed at ensuring the competence and integrity of legislators, the disqualification criteria are often subject to political influence and manipulation. The paper concludes that effective implementation of both qualification and disqualification criteria is necessary to ensure the credibility and legitimacy of the legislative process, and to strengthen democracy in India.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 2, Page 1175 - 1190

DOI: https://doij.org/10.10000/IJLMH.114504

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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