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The Constitution of India in English 2026: page 77

The Constitution of India in English 2026, India Code delivered snapshot ed1820c0a1100c2c, physical page 77, typed edition 223d395df4de00897c78a4c0a752b32348d86f7c4f7013254fd4e03da46ceca0. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:32:36Z. SHA-256 ed1820c0a1100c2c6aa8ece835a8c8a60f996ae7eba30cc1798233683c66cfba.

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Source cover/preface date: 10th September, 2026. Preface amendment statement: Constitution (One Hundred and Sixth Amendment) Act, 2023. Embedded PDF title: Constitution of India_ 20 MAY 2026 (final).pdf. These are distinct source labels, not currentness or commencement approval.

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46                     THE CONSTITUTION OF INDIA
                              (Part V.—The Union)
      102. Disqualifications for membership.—(1) A person shall be
disqualified for being chosen as, and for being, a member of either House of
Parliament—
           1
           [(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
                                                          e
       citizenship of a foreign State, or is under any acknowledgment of
                                                     od
       allegiance or adherence to a foreign State;
                                               aC
           (e) if he is so disqualified by or under any law made by Parliament.
       2                                   di
       [Explanation.—For the purposes of this clause] a person shall not be
                                        In
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.
       3
        [(2) A person shall be disqualified for being a member of either House
of Parliament if he is so disqualified under the Tenth Schedule.]
       4
        [103. Decision on questions as to disqualifications of members.—
(1) If any question arises as to whether a member of either House of Parliament
has become subject to any of the disqualifications mentioned in clause (1) of
article 102, the question shall be referred for the decision of the President and
his decision shall be final.

1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 19 to read as "(a) if
   he holds any such office of profit under the Government of India or the Government of
   any State as is declared by Parliament by law to disqualify its holder" (date not
   notified). This amendment was omitted by the Constitution (Forty-fourth Amendment)
   Act, 1978, s. 45 (w.e.f. 20-6-1979).
2. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 3, for "(2) for the
   purposes of this art." (w.e.f. 1-3-1985).
3. Ins. by s. 3, ibid. (w.e.f. 1-3-1985).
4. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 20, for art. 103
   (w.e.f. 3-1-1977) and further subs. by the Constitution (Forty-fourth Amendment)
   Act, 1978, s. 14, for art. 103 (w.e.f. 20-6-1979).

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