The Parliament (Prevention of Disqualification) Act, 1959
Administered Ministry: Ministry of Law and Justice / Legislative Department
Act details
| Short title | The Parliament (Prevention of Disqualification) Act, 1959 |
|---|---|
| Long title | An Act to declare that certain offices of profit under the Government shall not disqualify the holders thereof for being chosen as, or for being, members of Parliament. |
| Act number | 10 of 1959 |
| Act year | 1959 |
| Enactment date | 4 Apr 1959 |
| Ministry | Ministry of Law and Justice / Legislative Department |
| Department | Legislative Department |
| Jurisdiction | Central (Parliament of India) |
| Sections | 5 |
| Schedules | 1 |
| Status | Not repealed |
| Last checked on India Code | 4 Nov 2026 |
| Source | India Code, Government of India |
Summary
Summary of Parliament (Prevention of Disqualification) Act, 1959
Key Provisions
1. Declaration of Non-Disqualifying Offices:
• Specifies offices of profit that do not disqualify holders from Parliament membership, including:
• Ministerial positions
• Leader of the Opposition
• Certain leadership roles in recognized parties/groups in Parliament
• Specific positions in national bodies and corporations (as detailed in The Schedule)
2. The Schedule: - Enumerates bodies under the Central Government where holding a position does not lead to disqualification.
Legislative history
Legislative History:
The Parliament (Prevention of Disqualification) Act, 1959
Act Title - The Parliament (Prevention of Disqualification) Act, 1959
Act Number / Year - 10 of 1959
Act ID (India Code) - 195910
Presidential Assent Date - April 4, 1959
Enforcement Date - Enforced on April 4, 1959
Nodal Ministry - Ministry of Law and Justice
Precedent & Historical Rationale
● Constitutional Mandate (Article 102(1)(a)): Article 102(1)(a) of the Constitution disqualifies a person from being chosen as or being a Member of Parliament if they hold an "office of profit" under the Government, while explicitly empowering Parliament to declare by law which offices shall not disqualify their holders.
● Consolidation and Exemption Framework: Enacted to repeal and consolidate previous piecemeal statutes (passed in 1950, 1951, and 1953) into a single unified framework, clearly defining exempted advisory, ministerial, and statutory positions to protect the independence of the legislature while facilitating public service.
Parliamentary Trajectory & Enactment
● Formulation: Introduced by the Ministry of Law to establish a comprehensive legal list of exempted offices under Article 102(1)(a) of the Constitution.
● Parliamentary Passage: Debated and passed by both Houses of Parliament (Second Lok Sabha and Rajya Sabha) during the early 1959 parliamentary session.
● Presidential Assent: Received Presidential Assent on April 4, 1959.
● Enforcement: Enforced on April 4, 1959.
Source: Official Record of Parliament, India Code, and Ministry of Law and Justice.