Distinction between Qualification and Disqualification of candidates for MP and MLA: Indian Jurisprudence
Qualification means those positive attributes which makes a person eligible to occupy a particular position, post of public office, while disqualification means those negative aspects of a person which negate his occupancy for his position, post or public office despite his being qualified therefore. In All India Democratic women’sAssociation v/s State of Haryana 2016 (3) SCJ 328, SC observed that there is no legal distinction between these two expression. In common parlance it is understood that a qualification is the existence a particular state of affairs which makes possible achievement of particular object, while disqualification means absence of a particular state of affairs which renders the achievement of object impossible. As a conclusion citizenship of India is a condition precedent for membership of parliament and state legislature under article 84 and 171. Lack of citizenship is stipulated to be disqualification for membership of eit...