
A person shall not be disqualified for being chosen as a member of either House of the Parliament, on which one of the following grounds?
A. the holds the office of profit under the Government
B. He is of unsound mind
C. He is not a citizen of India
D. He is a lawbreaker
Answer
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Hint:- Draft Article 83 was debated on 19 May 1949 and 13 October 1949.
In this debate, this Draft Article laid down comprehensive grounds of disqualification of the MPs, and empowering the future parliaments to expand on these grounds would be ‘dangerous’ as opponent Political parties could misuse this clause.
Further, they proposed that a legitimate Parliament which represented the will of the people should have the liberty to legislate on this matter.
Complete answer:
A person shall not be disqualified for being chosen as a member of either House of the Parliament if he is a lawbreaker.
Otherwise, a person shall be disqualified for being chosen as a member of either House of the Parliament, under these conditions.
Firstly, if he holds any office of profit under the Union or State Government.
Secondly, if he is of unsound mind and stands so declared by a court.
Thirdly, if he is an undischarged insolvent.
Fourth, if he is not a citizen of India or has voluntarily acquired citizenship of a foreign state.
So, Article 83, Draft Constitution 1948 grants that if any person who is a lawbreaker or charged with any such allegations is free to contest election as this is necessarily not made any disqualification.
Hence, answer D is the right option.
Note: Thus, a person shall not be deemed to hold any office of profit under the Government of India, one of the two reasons are:-
1. If, He is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or
2. If, He is a minister for any State for the time being specified in Part III of the First Schedule and many more reasons.
In this debate, this Draft Article laid down comprehensive grounds of disqualification of the MPs, and empowering the future parliaments to expand on these grounds would be ‘dangerous’ as opponent Political parties could misuse this clause.
Further, they proposed that a legitimate Parliament which represented the will of the people should have the liberty to legislate on this matter.
Complete answer:
A person shall not be disqualified for being chosen as a member of either House of the Parliament if he is a lawbreaker.
Otherwise, a person shall be disqualified for being chosen as a member of either House of the Parliament, under these conditions.
Firstly, if he holds any office of profit under the Union or State Government.
Secondly, if he is of unsound mind and stands so declared by a court.
Thirdly, if he is an undischarged insolvent.
Fourth, if he is not a citizen of India or has voluntarily acquired citizenship of a foreign state.
So, Article 83, Draft Constitution 1948 grants that if any person who is a lawbreaker or charged with any such allegations is free to contest election as this is necessarily not made any disqualification.
Hence, answer D is the right option.
Note: Thus, a person shall not be deemed to hold any office of profit under the Government of India, one of the two reasons are:-
1. If, He is a minister either for India or for any State for the time being specified in Part I of the First Schedule; or
2. If, He is a minister for any State for the time being specified in Part III of the First Schedule and many more reasons.
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