Constitution of India · Part V: The Union · Disqualifications of Members
Article 102: Disqualifications for membership
(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;]
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament. [Explanation.—For the purposes of this clause] 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 he is a Minister either for the Union or for such State. [(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.]
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 102
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Afjal Ansari v. State of UP
What are the parameters to be considered for the suspension of conviction u/s. 389(1) CrPC; whether the appellant has made out a prima facie case for the suspension of conviction u/s. 389(1) CrPC; and whether conviction…
- Brajesh Singh v. Sunil Arora & Ors.
- Saritha S. Nair v. Hibi Eden
- Keisham Meghachandra Singh v. The Hon’Ble Speaker Manipur Legislative Assembly & Ors.
- Shrimanth Balasaheb Patil v. Hon’Ble Speaker, Karnataka Legislative Assembly and Others
- Govt. of NCT of Delhi v. Union of India
- Lok Prahari, Through Its General Secretary S.N. Shukla v. Election Commission of India & Ors.
- Ashwini Kumar Upadhyay v. Union of India & Anr.
- Public Interest Foundation & Ors. v. Union of India & Anr.
- State Election Commissioner, Bihar Patna & Others v. Janakdhari Prasad and Others
- Lok Prahari, Through Its General Secretary S. N. Shukla v. Union of India & Others Writ Petition (C) No. 784 of 2015 February 16, 2018
- Krishna Kumar Singh & Anr v. State of Bihar & Ors.
- Rajbala & Others v. State of Haryana & Others
- Election Commission of India v. Bajrang Bahadur Singh & Ors.
- Manoj Narula v. Union of India
- U.C. Raman v. P.T.A. Rahim and Ors.
- Ashok Shankarrao Chavan v. Dr. Madhavrao Kinhalkar & Ors.
- Lily Thomas v. Union of India & Ors.
- Purno Agitok Sangma v. Pranab Mukherjee
- Speaker Haryana Vidhan Sabha v. Kuldeep Bishnoi & Ors.
- Gajanan Samadhan Lande v. Sanjay Shyamrao Dhotre
- Balchandra L. Jarkiholi & Ors. v. B.S. Yeddyurappa & Ors.
- Ishwar Nagar Co-Op.House Building Society v. Parma Nand Sharma and Ors.
- Amarinder Singh v. Special Commitiee, Punjab Vidhan ,Sabha & Others
- Consumer Education & Research Society v. Union of India & Ors.
- G.S. Iqbal v. K.M. Khadar & Ors.
- Chet Ram v. Jit Singh & Anr.
- Sri Rajendra Singh Rana and Ors. v. Swami Prasad Maurya and Ors.
- Raja Ram Pal v. The Honble Speaker, Lok Sabha & Ors.
- Kuldip Nayar v. Union of India and Ors.
- Rameshwar Prasad and Ors. v. Union of India and Anr.
- Shrikant v. Vasantrao and Ors.
- B.R. Kapur v. State of Tamil Nadu and Anr.
- Harishankar Jain v. Sonia Gandhi
- Shibu Soren v. Dayanand Sahay and Ors.
- V.S. Mallimath v. Union of India and Anr.
- Pradyut Bordoloi v. Swapan Roy
- P.V. Narasimha Rao Etc. Etc. v. State (Cbl/Spe) Etc. Etc.
- Mithilesh Kumar Sinha Etc. v. Returning Officer for Presidential Election and Ors. Etc.
- Satrucharla Chandrasekhar Raju v. Vyricherla Pradeep Kumar Dev and Anr.
- State of Himachal Pradesh and Anr. v. Kailash Chand Mahajan and Ors.
- Kihoto Hollohan v. Zachillhu and Others