The Constitution lays down that a person shall be disqualified from being a member of Parliament if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule. A member incurs disqualification under the defection law:
- if he voluntary gives up the membership of the political party to which he belonged immediately before the election.
- if he votes or abstains from voting in the House contrary to any direction given by his political party.
- if any independently elected member joins any political party
- if any nominated member joins any political party "after" the expiry of six months.