Thursday, February 20, 2025

Disqualifications of MPs

 ... (Continued from previous response - Disqualifications of MPs)

* Example: - Dr. Subramanian Swamy (Janata Party) also lost membership in this manner.

> According to the Anti-Defection Law, if a person who won on behalf of a party switches parties or defies the party whip, the presiding officer can disqualify their membership.

> In 1993, the Supreme Court (S.C.) ruled that the decision of the Lok Sabha Speaker in matters of disqualification is subject to judicial review by the S.C.

> In the bribery case related to questions in Parliament, the Supreme Court upheld the Parliament's decision to disqualify 11 MPs as ineligible.

Positions

> Article 103 - Regarding office of profit (profitable positions), the President, based on the recommendation of the Election Commission, disqualified the Rajya Sabha membership of Smt. Jaya Bachchan.

» Article 105 - Explains the privileges of Members of Parliament and Parliamentary committees.

> 40 days before the commencement of Parliament sessions and 40 days after the conclusion, Members cannot be arrested without the permission of the presiding officer.
This rule does not apply to arrests under the Preventive Detention (P.D.) Act and in criminal cases.

> K.K. Karanjia, the editor of the 'Blitz' magazine, who wrote news criticizing Parliament, and K.K. Adalae were summoned to the Rajya Sabha and reprimanded.

Article 120 - Parliamentary proceedings shall be conducted in English or Hindi.

* With the permission of the presiding officer, one can speak in their mother tongue.

Article 122 - The validity of any proceedings in Parliament shall not be questioned in any court.

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