Qualifications

1. He/she must be a citizen of India.

2. He/she must make and subscribe to an oath or affirmation before the person authorized by the Election Commission for this purpose. In his/her oath or affirmation, he/she swears: (a) To bear true faith and allegiance to the Constitution of India. (b) To uphold the sovereignty and integrity of India.

3. He/she must be not less than 30 years of age in the case of the Rajya Sabha and not less than 25 years of age in the case of the Lok Sabha.

4. He/she must possess other qualifications prescribed by Parliament.

1. He/she must be registered as an elector for a parliamentary constituency. This is the same for both the Rajya Sabha and the Lok Sabha. The requirement that a candidate contesting an election to the Rajya Sabha from a particular state should be an elector in that particular state was dispensed with in 2003. In 2006, the Supreme Court upheld the constitutional validity of this change.

2. He/she must be a member of a scheduled caste or scheduled tribe in any state or union territory if he/she wants to contest a seat reserved for them. However, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them.

Disqualifications

1. If he/she holds any office of profit under the Union or state government (except that of a minister or any other office exempted by Parliament).

2. If he/she is of unsound mind and stands so declared by a 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 to a foreign state.

5. If he/she is so disqualified under any law made by Parliament.

1. He/she must not have been found guilty of certain electoral offences or corrupt practices in the elections.

2. He/she must not have been convicted for any offence resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law is not a disqualification.

3. He/she must not have failed to lodge an account of his/her election expenses within the time.

4. He/she must not have any interest in government contracts, works, or services.

5. He/she must not be a director or managing agent nor hold an office of profit in a corporation in which the government has at least 25 per cent share.

6. He/she must not have been dismissed from government service for corruption or disloyalty to the State.

7. He/she must not have been convicted for promoting enmity between different groups or for the offence of bribery.

8. He/she must not have been punished for preaching and practising social crimes such as untouchability, dowry, and sati.

Disqualification on Ground of Defection

1. If he/she voluntarily gives up the membership of the political party on whose ticket he/she is elected to the House.

2. If he/she votes or abstains from voting in the House contrary to any direction given by his/her political party.

3. If any independently elected member joins any political party.

4. If any nominated member joins any political party after the expiry of six months.

Oath or Affirmation

1. to bear true faith and allegiance to the Constitution of India;

2. to uphold the sovereignty and integrity of India; and

3. to faithfully discharge the duty upon which he/she is about to enter.

1. Before taking and subscribing to the prescribed oath or affirmation; or

2. When he/she knows that he/she is not qualified or that he/she is disqualified for its membership; or

3. When he/she knows that he/she is prohibited from sitting or voting in the House by virtue of any parliamentary law.

Salaries and Allowances