India is the largest democratic
country.in the world. Since India claims to be the largest democratic country it
has certain procedure to maintain it. The main is the election to the Lok
Sabha. In order to contest in the Lok Sabha Elections a certain set of rules
has to be followed.
Article 84 (Part V.—The Union) of
Indian Constitution sets qualifications for being a member of Lok Sabha, which
are as follows:
1. He / She should be a citizen of
India, and must subscribe before the Election Commission of India an oath
or affirmation according to the form set out for the purpose in the Third Schedule of Indian Constitution.
2. He / She should not be less than 25
years of age.
3. He / She possesses such other
qualifications as may be prescribed in that behalf by or under any law made
by Parliament.
4. He / She should not be proclaimed
criminal i.e. they should not be a convict, a confirmed debtor or otherwise
disqualified by law.
5. He / She should have his/her name in
the electoral rolls in any part of the country.
However, a member
can be disqualified of being a member of Parliament:
1. If he / she holds office of profit.
2. If he / she is of unsound mind and
stands so declared by a competent court
3. If he / she is an undischarged
insolvent.
4. If he / she 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. If he / she is
violating party discipline (as per Tenth schedule of the constitution);
disqualified under Representation of People Act.
A seat in the Lok
Sabha will become vacant in the following circumstances (during normal
functioning of the House):
1.
When the holder of the
seat, by writing to the speaker,
resigns.
2.
When the holder of the seat
is absent from 60 consecutive days of proceedings of the House, without prior
permission of the Speaker.
3.
When the holder of the seat
is subject to any disqualifications mentioned in the Constitution or any law
enacted by Parliament.
4.
A seat may also be vacated
when the holder stands disqualified under the 'Anti-Defection Law.
Furthermore, as
per article 101 (Part V.—The Union) of the Indian
Constitution, a person cannot be:
1.
A member of both Houses of
Parliament and provision shall be made by Parliament by law for the vacation by
a person who is chosen a member of both Houses of his seat in one House or the
other.
2. A member both of Parliament and of a House of the
Legislature of a State.
System of elections in Lok Sabha
Members of the Lok
Sabha are directly elected by the people of India, on the basis of Universal Suffrage. For
the purpose of holding direct elections to Lok Sabha; each state is divided
into territorial constituencies. In this respect, the constitution of India
makes the following two provisions:
1. Each state is
allotted a number of seats in the Lok Sabha in such a manner that the ratio
between that number and its population is same for all the states of India.
This provision does not apply for states having a population of less than 6
million (60 lakhs).
2. Each state is
divided into territorial constituencies in such a manner that the ratio between
the population of each constituency and
the number of seats allotted to it remain the same throughout the state.
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