--- title: "Can a 'Bankrupt' stand for election?" description: "Can a 'Bankrupt' stand for election?" author: "Lily Chitlangiya" published: 2021-12-06 canonical: https://answers.mindstick.com/qa/94248/can-a-bankrupt-stand-for-election category: "law & legal issues" tags: ["laws", "laws and legal issues"] reading_time: 2 minutes --- # Can a 'Bankrupt' stand for election? Can a 'Bankrupt' stand for [election](https://www.mindstick.com/news/1823/kenya-had-ordered-facebook-to-tackle-its-hate-speech)? \ ## Answers ### Answer by Sanjay Goenka A **[bankrupt person](https://timesofindia.indiatimes.com/india/bankrupt-people-may-be-barred-from-contesting-elections/articleshow/52069096.cms) can’t be appointed in any of the law-making posts in the country.** \ ![Can a](https://answers.mindstick.com/questionanswer/6f1595dc-2733-4fd0-a388-fcc56bac4d21/images/87083be7-63b1-4f84-8558-55644388e5d9.jpeg)\ \ **Overview**\ Generally, if we judge the system of the working of our Democratic countries including India, all have law statutes on the **basis of which the working of the nation carries on in the future**. In the selection process of such **a lawmaker person or any justice post,** how does anyone **choose the criteria of selection**.? The norms on the basis of which one is selected should be very effective, in which the bank details and the **status of his Bank account,** and status of his financial body should be judged. \ **India view** In India, if we look at the **past time era** of ruling and governing in the nation then there was not any provision for electing the person and the standards of the standing excepting some like **citizen, age, soundness, etc.** The same system of the electing norms was going on but in **2015 the act** was established by the government named the **Insolvency and Bankruptcy Code, 2015** was passed which **may bar an election candidate to be elected in the election seat, and in the appointment process of the candidates.** The **Bankruptcy Code defines the terms ‘Bankrupt’ as** “a debtor who has been adjudged as Banbkrupt by a bankruptcy order under **section 126**; or each of the partners of a firm where a **Bankruptcy order under section 126** has been made against the firm. **Article 102(c) of the [Indian Constitution](https://answers.mindstick.com/qa/93644/what-does-impeachment-mean-in-the-indian-constitution)** also provides a provision that in case of solvent, the candidate can’t behold the seat in the **Lok Sabha** and **Rajya Sabha**. \ ![Can a](https://answers.mindstick.com/questionanswer/6f1595dc-2733-4fd0-a388-fcc56bac4d21/images/b23355b0-3b17-49c9-87ef-fd27858eb478.jpeg)\ \ **My opinion** As we can see in the Indian Governing system the **biggest fault is the absolute power given to them.** The code which has been passed in the time of **Bankruptcy of a person is admirable**. And also it should establish more norms with which the ideal candidates should represent the Parliament and has the control of lawmaking. The **[politicians](https://en.wikipedia.org/wiki/Politician) who have serious charges** against them, **such politicians must be restricted to participate in the Parliament** The ministers to whom the ministry is under the control should be on the basis of their **qualifications to the related subjects.** \ --- Original Source: https://answers.mindstick.com/qa/94248/can-a-bankrupt-stand-for-election Copyright © MindStick Software Pvt. Ltd. This Markdown version is provided for developers, AI systems, and offline reading.