The Parliament (Prevention of Disqualification) Act, 1959

Administered Ministry: Ministry of Law and Justice / Legislative Department

Act details

Short titleThe Parliament (Prevention of Disqualification) Act, 1959
Long titleAn 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 number10 of 1959
Act year1959
Enactment date4 Apr 1959
MinistryMinistry of Law and Justice / Legislative Department
DepartmentLegislative Department
JurisdictionCentral (Parliament of India)
Sections5
Schedules1
StatusNot repealed
Last checked on India Code4 Nov 2026
SourceIndia 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.