Constitutional/Legal Provisions Regarding Disqualification of a Member of the LegislatureArticle 102(1) of the Constitution of India prescribes for disqualification for being, a member of either House of Parliament upon following conditions:if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;if he is of unsound mind and stands so declared by a competent court;if he is an undischarged insolvent;if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;if he is so disqualified by or under any law made by ParliamentArticle 102(2) also states that a person shall be disqualified for being a member of either House of Parliament if s/he is so disqualified under the 10th Schedule.The Parliament has also prescribed several additional disqualifications of a member of the legislature in the RPA, 1951.What are the Provisions that Deal with Disqualification under the RPA, 1951?The disqualification is triggered for conviction under certain offences listed in Section 8(1) of RPA, 1951.This includes specific offences such as promoting enmity between two groups, bribery, and undue influence or personation at an election.Section 8(2) of RPA, 1951 also lists offences that deal with hoarding or profiteering, adulteration of food or drugs and for conviction and sentence of at least six months for an offence under any provisions of the Dowry Prohibition Act.Section 8(3) of RPA, 1951 is the provision under which Rahul Gandhi has been disqualified.Section 8(4) of RPA, 1951 stated that the disqualification takes effect only “after three months have elapsed” from the date of conviction.Within that period, lawmakers could file an appeal against the sentence before the High Court.However, in the landmark 2013 ruling in ‘Lily Thomas v Union of India’, the SC struck down Section 8(4) of the RPA as unconstitutional.This is what has allowed the Lok Sabha Secretariat to immediately disqualify Rahul Gandhi.However, the Court in Lily Thomas case clearly spelt out that when an appellate Court stays the conviction and sentence, the disqualification will be lifted and the membership will be restored to the disqualified MP.