Article 102 of CoI : Article 102: Disqualifications For Membership

Explanation using Example

Example Scenario:

Imagine a situation where Ms. Arora, a renowned economist, is appointed as an advisor to the Ministry of Finance, a position which comes with a salary and perks. This position is considered an 'office of profit' under the government. Later, she decides to run for a seat in the Lok Sabha (the lower house of the Parliament of India). Her opponent, Mr. Singh, files a petition claiming that Ms. Arora is not eligible to contest the elections because she holds an office of profit, as per Article 102(1)(a) of the Constitution of India.

The Election Commission reviews the case and determines that the position of advisor does indeed disqualify Ms. Arora from being elected as a member of the Parliament unless it is an office declared by Parliament by law not to disqualify its holder, which in this case, it is not. Consequently, Ms. Arora must resign from her advisor position if she wishes to run for the parliamentary seat.