Ask the Constitution → Your rights, by who you are
Holding office is defined by the Constitution as much as won at the ballot box. These provisions set who may hold office, under what collective responsibility, and within what limits.
Descriptive, not legal advice · text as amended through the 106th Amendment (2023)
The Prime Minister is appointed by the President, other ministers on the PM's advice, and the Council of Ministers is collectively responsible to the Lok Sabha. A minister who is not a member of either House for six consecutive months ceases to be a minister.
The same structure in the states: the Chief Minister and Council of Ministers, collectively responsible to the Legislative Assembly.
The grounds that disqualify a person from being a member of Parliament, including holding a disqualifying office of profit and the anti-defection grounds carried by the Tenth Schedule.
Freedom of speech in Parliament and immunity from court proceedings for anything said or any vote given in the House.
The qualifications for membership of Parliament: citizenship, a minimum age, and the oath prescribed by the Constitution.
The President and Governors are not answerable to any court for the exercise of their official powers. Ministers who advise them do not share that immunity.