Qualifications to be elected as a Member of Parliament

Article 90 of the Constitution sets down the basic provision that every person who is qualified to be a voter is also qualified to be elected as a Member of Parliament unless such person is disqualified under the specific provisions enumerated in Article 91. They are:

  1. If the person is the President of the Republic or is a judicial officer or a public officer or an officer of a public corporation as specified in the Constitution (it is to be noted that the disqualification in respect of public officers and officers of public corporations is laid down with reference to the initial of the salary scale attaching to the post held by that person as at 18.11.1970 or on the first date such post was established if the post was established after 18.11.1970. On this basis it is laid down that if the initial salary is more than Rs. 7,200/= per annum the disqualification will apply)

  2. If such person is a member of the Police, Army, Navy or Air Force

  3. If he has been declared as an undischarged bankrupt or insolvent in terms of the applicable law

  4. If such person has an interest in a contract made on behalf of the state or public corporation as may be prescribed by Parliament (it is to be noted that the Parliament has not prescribed the contracts that would attract this disqualification. However, the Supreme Court has held that the relevant disqualification as contained in the previous Constitution will apply)

  5. If a person stands nominated as a candidate for more than one electoral district or as a candidate for more than one political party or group for the same district

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Last Updated on 27-03-2013

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