1. Resignation: A member may voluntarily resign by submitting a letter to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha. The acceptance of this resignation makes the seat vacant, reflecting the member's choice to leave their position.

2. Disqualification: If a member becomes disqualified under any law for the time being in force, their seat is vacated. This provision ensures that individuals who no longer meet the eligibility criteria, due to legal or constitutional reasons, cannot continue as members.

3. Absence: A member’s seat is also considered vacant if they are absent from parliamentary sessions for 60 days without obtaining permission from the House. This rule underscores the importance of regular attendance and participation in parliamentary duties.

Disqualification of Membership

Article 102 elaborates on the grounds for disqualifying a member from Parliament:

1. Criminal Conviction: A member convicted of certain offenses and sentenced to imprisonment for two years or more is disqualified. This disqualification remains effective unless the sentence is suspended, reduced, or pardoned, ensuring that individuals with serious legal issues cannot hold legislative positions.

2. Unsound Mind: Members declared by a competent court to be of unsound mind are disqualified. This provision ensures that individuals who are not mentally fit to perform parliamentary duties are excluded from membership.

3. Office of Profit: Holding an office of profit under the Government of India or any State, except for positions exempted by law, disqualifies a member. This rule prevents conflicts of interest and ensures that members are not unduly influenced by external governmental positions.

4. Insolvency: Individuals who are declared insolvent are disqualified from holding office. This requirement ensures that members maintain financial stability and responsibility.

5. Legal Disqualifications: Additional disqualifications may be imposed by laws enacted by Parliament. These laws can address various specific scenarios not explicitly covered by the Constitution.

Decision-Making on Disqualifications

Article 103 outlines the process for resolving questions of disqualification:

• Role of the President: The President of India, based on the advice of the Election Commission, decides on matters related to the disqualification of Parliament members. This mechanism ensures that decisions are impartial and based on expert recommendations, thereby preserving the fairness and integrity of the process.

Penalties for Improper Conduct

Article 99 mandates that every member of Parliament must take an oath or affirmation before assuming their seat. This requirement serves as a formal commitment to uphold the Constitution and perform duties faithfully. Failure to comply with this requirement or participating in parliamentary proceedings before taking the oath can lead to several penalties:

1. Invalidation of Actions: Any participation in parliamentary activities or voting by members who have not taken the required oath is considered invalid. Such actions are not recognized legally, undermining the integrity of parliamentary decisions.

2. Bar from Proceedings: Members who are found to be disqualified but continue to participate in parliamentary activities may be barred from proceedings. This ensures that only qualified and duly sworn members can engage in legislative functions.

Conclusion

The constitutional provisions related to the disqualification of members of Parliament in India play a crucial role in ensuring the effective functioning of the legislative process. By detailing the conditions for seat vacation, specifying grounds for disqualification, and outlining the decision-making and penalty procedures, the Constitution maintains the integrity and accountability of Parliament. These mechanisms not only safeguard democratic principles but also enhance public trust in parliamentary institutions. The framework ensures that only qualified individuals can serve, thereby upholding the standards of governance and reinforcing the democratic fabric of the nation.