Member of parliament (MP) is the person who is a representative of the voters to a parliament in countries with bicameral legislatures. The parliament is where we put our representative democracy goals into action. Article 79-122 deals with provisions for parliament, such as eligibility standards, functions, and disqualification regulations, among other things.

This article explains the Member of parliament (MP) is important for UPSC IAS exam preparation. 

Members of parliament

• In countries with bicameral legislatures, a member of parliament, or MP, represents the voters in a parliament. The majority of the country's political parties are typically represented by the members of parliament.
• The Parliament of India is divided into two Houses:
  • The Rajya Sabha or the House of Elders
  • The Lok Sabha or the lower house of Parliament
• Rajya Sabha: There should be a maximum of 250 members in the Rajya Sabha, with 238 members representing the States and Union Territories and 12 members chosen by the President. 
• Lok Sabha: It is made up of individuals elected directly on the basis of universal adult suffrage. 
• The House can have a maximum of 552 members, with 530 representing the States, 20 the Union Territories, and two selected by the President from the Anglo-Indian Community. There are 543 members in the House at the moment.

Membership of Parliament – Qualifications

A person is qualified to be a member of parliament under Article 84 of the constitution if he:

• An Indian Citizen
• In the Rajya Sabha, he or she must be 30 years old, whereas in the Lok Sabha, he or she must be 25 years old.
• possesses any additional qualities that may be stipulated in that regard by or under any law enacted by Parliament.

The third criteria prompted the Representation of People Act to include additional qualifications for MPs (1951). These qualifications are as follows:

• A single elector can be chosen. As a result, the candidate must be registered as a voter and eligible to vote in a parliamentary constituency. 
• If a person loses his or her right to vote for any reason, he or she will also lose his or her right to run for office. 
• For example, a person who is incarcerated or in lawful detention at the time of elections is ineligible to vote. A person in preventive custody, on the other hand, is allowed to vote. These determine whether or not a person is eligible to run for election as a Member of Parliament.
• A person does not have to be a registered voter in the same constituency to vote. This applies to both the Lok Sabha and the Rajya Sabha.
• A person from a reserved category can only run for office if the Lok Sabha seat is reserved for them. However, an SC/ST person can run for an unreserved seat as well.

Membership of Parliament - Oath or Affirmation

• Before taking his seat in either House of Parliament, each member must make and subscribe to an oath or affirmation before the President or someone authorised by him for this purpose. 
• Unless a member takes the oath, he cannot vote or participate in House proceedings and is not entitled for parliamentary privileges and immunities.
• A person is subject to a fine of 500 for each day he sits or votes as a member of a House in the following circumstances: 
  • Before taking the appropriate oath or affirmation and subscribing to it.
  • When he is informed that he is ineligible or rejected for membership.
  • When he is informed that he is barred from sitting or voting in the House under any parliamentary law.

Responsibilities of Members of parliament - LS and RS

• In Lok Sabha:
  • To enact a law .
  • Make sure the governing party performs its duties well
  • To speak on behalf of their constituency's residents before the Lok Sabha
  • To approve the government's proposed revenues
• In Rajya Sabha:
  • Adopting laws, evaluating the performance of the governing party critically.
  • To accept the government's projected spending.
  • To present the opinions of those in their constituencies.
  • Making legislation regarding services provided at the state or federal levels is another specific power.

Membership of Parliament – Disqualification

Article 102 of the Constitution establishes conditions for a member of either House of Parliament to be disqualified. If the member fails to comply with the rules, he or she will be disqualified.

• He holds a profit-making office (within the Government of India or any State government) that is not listed in the law of parliament.
• If he is found to be mentally ill by a competent court,
• If he is discovered to be an unsolved insolvent;
• If he is not an Indian citizen, or if he has deliberately gained the citizenship of another country, or if he has pledged allegiance or commitment to another country;
• If any law passed by Parliament disqualifies him.

Disqualification Grounds

• If a person is found guilty of rigging elections.
• If the person is guilty of specific crimes, such as the IPC, the Civil Rights Act of 1955, the UAPA Act of 1967, and so on.
• If the person is guilty of a crime that carries a sentence of at least two years in jail.
• If the person is fired from their government job.
• If a person is disqualified due to a violation of the tenth schedule.
• In the event of such disqualification, the President's judgment (Article 103) is final for MPs, while the Governor's decision (Article 192) is final for state legislators.
• Before making any decision in this regard, the President and Governor will seek the advice of the Indian Election Commission.
• Such disqualifications might be challenged in high courts.
• Article 101 - Provides for the following grounds for disqualification:
  • If a person is elected as both a Member of Parliament and a Member of the Legislative Assembly, he must give up one of his memberships. He'd be disqualified for both seats if he didn't do so.
  • If he resigns from his position by notifying the presiding officer of his decision.
  • If he is absent without giving the presiding officer notice for more than 60 days.

Disqualification on Grounds of The Anti-Defection law

• If a person does any of the following, he or she may be disqualified:
  • Giving up one's membership in a political party voluntarily
  • Abstain from voting or acting in opposition to his or her political party's directives.
  • After being elected, he joins a political party.
  • If he or she is a nominated member and joins a political party after the six-month period has expired
• The 91st Constitution Amendment Act of 2003 states that if two-thirds of a political party's members join another political party, they will not be disqualified. (Previously, it was one-third)
• In such a case, the Speaker's and Chairman's decisions are definitive.

Exceptions of Anti-Defection law

• The above mentioned disqualification for defection does not apply in the following two situations:
• If a member leaves his party as a result of the party merging with another party. A merger occurs when two-thirds of the members of a political party agree to it.
• If a member, having been elected as the presiding officer of the House, voluntarily gives up or rejoins his party membership after leaving that post. Because of the dignity and impartiality of this position, this exemption has been granted.
• The section in the Tenth Schedule pertaining to exemption from disqualification in the event of a split by one-third of the legislature party has been repealed by the 91st Amendment Act of 2003. It means that defectors are no longer protected on the basis of splits.

Conclusion

Members of parliament are the face of democracy. In light of this, India's constitution establishes all-inclusive membership qualifications. The legal conditions for qualification and disqualification are written in such a way that political fairness is ensured for all. There are benefits to performing legislative business freely. The SC, however, emphasizes that these are not absolutes.

FAQs

MCQs

1. How many members are there in the Lok Sabha?

A) 543
B) 250
C) 545
D) 300

2. What is the primary role of the Rajya Sabha?

A) Represent the government
B) Serve as the lower house
C) Represent states and union territories
D) Oversee elections

3. Which electoral system is used for Lok Sabha elections?

A) Proportional representation
B) First-past-the-post
C) Single transferable vote
D) Open list system

4. What is the minimum age to become a member of the Rajya Sabha?

A) 25 years
B) 30 years
C) 35 years
D) 40 years

5. Who is responsible for overseeing the conduct of elections in India?

A) The President
B) The Prime Minister
C) The Election Commission
D) The Parliament

GS Mains Questions and Model Answers

Q1: Discuss the structure and functions of the Parliament of India. How does it contribute to the functioning of democracy in the country?

Answer: The Parliament of India, comprising the Lok Sabha and the Rajya Sabha, serves as the supreme legislative body, playing a crucial role in the functioning of democracy. The Lok Sabha, with members elected directly by the populace, reflects the people's will, whereas the Rajya Sabha represents the interests of states and union territories. Parliament's primary functions include enacting laws, debating national issues, and scrutinizing the executive branch through questions and discussions. This structure ensures that diverse perspectives are considered in policymaking, promoting accountability and transparency. Additionally, Parliament plays a pivotal role in budget approval and oversight of government actions, thereby safeguarding democratic principles and protecting citizens' rights.

Q2: Analyze the significance of the Rajya Sabha in the legislative process. How does it balance the powers of the Lok Sabha?

Answer: The Rajya Sabha, as the upper house of Parliament, holds significant importance in the legislative process, providing a platform for states' representation and deliberation on national issues. Its composition includes members with varied expertise, enabling informed discussions on legislation. While the Lok Sabha has more direct power due to its electoral mandate, the Rajya Sabha acts as a check by reviewing and amending bills passed by the Lok Sabha. This bicameral structure ensures that hasty legislation is avoided, promoting thorough scrutiny. Additionally, certain critical areas, such as the appointment of the Vice President and constitutional amendments, require participation from both houses, thus enhancing the democratic process and ensuring a balanced approach to governance.

Q3: Evaluate the qualifications and disqualifications for membership in the Indian Parliament. How do these criteria ensure the integrity of the legislature?

Answer: The qualifications for membership in the Indian Parliament include citizenship, a minimum age of 25 for the Lok Sabha and 30 for the Rajya Sabha, and not holding disqualifying offices. Disqualifications may arise from reasons such as criminal convictions, insolvency, or holding an office of profit under the government. These criteria are essential for maintaining the integrity of the legislature by ensuring that its members are of sound character and have a genuine commitment to serving the public. By establishing such standards, the Parliament aims to foster accountability, prevent corruption, and enhance public trust in democratic institutions, ultimately strengthening the foundation of Indian democracy.

Previous Year Questions on Membership of Parliament

1. UPSC CSE Prelims 2021:

Question: Which of the following is a function of the Rajya Sabha?

A) Passing money bills
B) Representing the states
C) Electing the President
D) Appointing the Prime Minister

Answer: (B)

Explanation: One of the primary functions of the Rajya Sabha is to represent the states and union territories in the Parliament, ensuring their interests are considered in the legislative process.

2. UPSC CSE Mains 2019 (GS Paper 1):

Question: Assess the role of the Lok Sabha in the Indian political system. Discuss its powers and limitations.

Answer: The Lok Sabha plays a crucial role in the Indian political system as the lower house of Parliament, representing the electorate's will. It holds significant powers, including the authority to initiate and pass legislation, especially money bills, and to hold the government accountable through questioning and debates. However, its powers are somewhat balanced by the Rajya Sabha, which can review and amend legislation. Additionally, the Lok Sabha's decisions can be influenced by the ruling party's majority, potentially leading to limitations in representing diverse viewpoints. Overall, while the Lok Sabha is central to India's democracy, it operates within a framework of checks and balances to ensure responsible governance.