Disqualification of Members
The Constitution of India provides certain grounds on which a person can be disqualified from being a member of Parliament or State Legislature. Two important grounds are Office of Profit and Anti-Defection.
1. Office of Profit
Meaning
A person is disqualified from being a member of Parliament or State Legislature if he/she holds an office of profit under the Central or State Government.
The objective is to maintain the independence of legislators and prevent conflict between duty and personal interest.
Constitutional Provisions
- Article 102(1)(a) – Disqualification for Members of Parliament.
- Article 191(1)(a) – Disqualification for Members of State Legislature.
What is an Office of Profit?
The Constitution does not clearly define the term. Generally, an office of profit means:
- An office held under the government,
- Which gives salary, allowance, remuneration, or other financial benefits.
Essentials of Office of Profit
A person is considered to hold an office of profit when:
- There is an office under the government.
- The government has the power of appointment or removal.
- The office carries financial benefits.
- The government exercises control over the office.
Exceptions
Parliament may declare certain offices not to disqualify their holders. Example:
- Ministers are not considered to hold office of profit.
- Some statutory posts are exempted by law.
Important Cases
Jaya Bachchan Disqualification Case
Actor and politician Jaya Bachchan was disqualified from the Rajya Sabha for holding the office of Chairperson of the Uttar Pradesh Film Development Council, which carried benefits.
Importance
- Ensures separation between legislature and executive.
- Prevents misuse of government influence.
- Maintains fairness and independence in governance.
2. Anti-Defection
Meaning
Anti-defection law prevents elected representatives from changing political parties after election for personal gain or political advantage.
It was introduced to stop the practice of “Aaya Ram, Gaya Ram” politics.
Constitutional Provision
The Anti-Defection Law is contained in the:
- Tenth Schedule of the Constitution.
It was added by the:
- 52nd Constitutional Amendment Act, 1985.
Later strengthened by:
- 91st Constitutional Amendment Act, 2003.
Grounds for Disqualification
A member can be disqualified if:
1. Voluntarily Giving Up Membership
If a member leaves the political party on whose ticket he/she was elected.
2. Voting Against Party Whip
If a member:
- Votes against party directions (whip), or
- Abstains from voting without party permission.
3. Independent Members
An independent member becomes disqualified if he/she joins a political party after election.
4. Nominated Members
A nominated member can join a party within six months of nomination. After that, joining a party leads to disqualification.
Decision-Making Authority
- The Speaker or Chairman of the House decides disqualification cases.
- Their decision is subject to judicial review.
Important Cases
Kihoto Hollohan v. Zachillhu
The Supreme Court upheld the constitutional validity of the Anti-Defection Law but allowed judicial review of the Speaker’s decision.
Shrimanth Balasaheb Patil v. Karnataka Legislative Assembly Speaker
The Supreme Court clarified powers of the Speaker regarding resignation and disqualification.
Exceptions
Originally, split by one-third members was allowed, but this provision was removed by the 91st Amendment.
Now, only merger is allowed:
- If two-thirds of members agree to merge with another party.
Merits
- Promotes political stability.
- Prevents corruption and horse-trading.
- Strengthens party discipline.
Demerits
- Reduces freedom of speech of legislators.
- Increases control of party leadership.
- Weakens deliberative democracy.
Conclusion
Both Office of Profit and Anti-Defection are important constitutional mechanisms to preserve the purity and stability of democratic governance in India. While the Office of Profit rule ensures independence of legislators from executive influence, the Anti-Defection Law promotes political stability and party discipline. However, both provisions must be balanced carefully with democratic freedoms and constitutional values.
