MPs and Office of Profit

The Longest Constitution with Priya Mirza

On what grounds can a MP be disqualified? Quite a few! In this episode of The Longest Constitution, we look into constitutional provisions on an MP or MLA’s accountability. The Jaya Bachchan case relates to the first ground of disqualification from the government office listed under Article 102 - and that is, office of profit. Under the provisions of Article 102 (1) and Article 191 (1) of the Constitution, an MP or an MLA (or an MLC) is barred from holding any office of profit under the central or state government. We also look at whether a legislator’s privileges can be a ground to restrict a citizen’s fundamental right to expression guaranteed under Article 19 of the Constitution of India? And finally, we examine peculiar qualifications - from the number of children one has to defecate in the open - attached as qualifications to contest in panchayat elections - in quite a few states.

Reading material:

On office of profit and the Jaya Bachchan case

1. https://thewire.in/law/the-curious-case-of-no-profit-in-office-of-profit

Madhavan, MR, (2016), “Legislature: composition, qualifications, and disqualification”, in Choudhry, Sujit (et al), The Oxford Handbook of the Indian Constitution, OUP: New Delhi.

Qualifications to be a local representative

1. https://lexforti.com/legal-news/persons-having-more-than-two-children-disqualified-as-candidates-in-panchayat-election/

2. https://economictimes.indiatimes.com/news/economy/policy/sc-upholds-two-child-norm-for-haryana-sarpanchs/articleshow/102650.cms?from=mdr

On freedom of expression

1. https://globalfreedomofexpression.columbia.edu/cases/m-s-m-sharma-v-krishna-sinha/

2. https://indiankanoon.org/doc/1898063/

If you have missed out on The Longest Constitution Season 1, check here: ( "The Longest Constitution with Priya Mirza")

You can follow Priya on social media:

Instagram: (https://www.instagram.com/thelongestconstitution_/ )

Twitter: ( fundamentallyp )

Linkedin: ( https://www.linkedin.com/in/priya-mirza-73666310/ )

You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from.

Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: ‎IVM Podcasts, or on any other major podcast app.

See omnystudio.com/listener for privacy information.