Article 102(2) and the Rajya Sabha Chairman as Adjudicator
Article 102(2) of the Constitution provides that a person shall be disqualified for being a member of either House of Parliament if they are so disqualified under the Tenth Schedule. The Chairman of the Rajya Sabha (Vice President of India, ex officio) is the designated adjudicating authority for Tenth Schedule disqualification petitions in the Upper House.
- Article 102(2): Disqualification for Parliament membership incorporating the Tenth Schedule — mirrors Article 191(2) for State Legislatures.
- The Chairman acts in a quasi-judicial capacity when deciding disqualification petitions; the decision is subject to judicial review by the Supreme Court or High Court.
- Under Paragraph 6(1) of the Tenth Schedule, the Chairman's decision is "final" — but courts have clarified this means final subject to judicial review, not immune from it (Kihoto Hollohan, 1992).
- There is no prescribed time limit for the Chairman to decide a petition, which has historically led to prolonged pendency.
● Tracked since April 24, 2026 · last seen April 24, 2026 · updates as the daily brief publishes
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