Actual Article
Article 173: Qualification for membership of the State Legislature
A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he:
- (a) is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;
- (b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age, and in the case of a seat in the Legislative Council, not less than thirty years of age; and
- (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
UPSC Notes for Article 173
Explanation:
- Citizenship Requirement:
- Only citizens of India are eligible to become members of the state legislature, ensuring that the interests of the state and the nation are represented by nationals.
- Age Requirement:
- Candidates must be at least 25 years old to be a member of the Legislative Assembly and at least 30 years old to be a member of the Legislative Council. This age criterion is intended to ensure a certain level of maturity and experience in legislative affairs.
- Oath of Affirmation:
- Before taking office, members must make and subscribe to an oath or affirmation of allegiance to the Constitution of India, which is a formal pledge to uphold the democratic values and legal framework of the country.
- Additional Qualifications:
- Beyond the constitutional requirements, additional qualifications can be prescribed by laws made by Parliament, potentially including educational qualifications, residency requirements, or other criteria deemed necessary for the effective governance of the state.
Important Cases and Commissions Related to Article 173
Cases:
- Jaya Bachchan vs. Union of India (2006): This case dealt with the qualifications for membership of the legislature, particularly focusing on the disqualification provisions and their interpretation.
Commissions:
- Law Commission of India: Various reports have addressed electoral reforms, including qualifications and disqualifications for legislative membership, suggesting updates to reflect contemporary needs and challenges.
- Election Commission Guidelines: Periodically updated guidelines that detail the procedural aspects of how candidates may qualify or be disqualified from legislative elections.
Previous Year Prelims Questions Related to Article 173
- (UPSC Prelims 2016) What is the minimum age required for membership in the Legislative Assembly according to the Constitution?
- A. 21 years
- B. 25 years
- C. 30 years
- D. 35 years Correct Answer: B. 25 years
- (UPSC Prelims 2018) Which of the following is a requirement for membership in the state legislature?
- A. Must be a member of the Rajya Sabha
- B. Must be a citizen of India
- C. Must hold a government position
- D. Must have completed higher education Correct Answer: B. Must be a citizen of India
Previous Year Mains Questions Related to Article 173
- Mains 2016: “Analyze the qualifications required for membership of state legislatures as per Article 173. Discuss the rationale behind these criteria.”
- Mains 2019: “Evaluate the impact of the qualification criteria set out in Article 173 on the quality of governance in state legislatures. How do these criteria shape legislative behavior?”
Additional Insights:
- Democratic Integrity: The qualifications outlined in Article 173 are designed to ensure that those who represent the populace in the state legislatures are adequately prepared and committed to the responsibilities of governance.
- Inclusivity vs. Standards: While the qualifications aim to maintain high standards in governance, they must also balance inclusivity, ensuring that a broad cross-section of society has the opportunity to participate in the democratic process.
Understanding Article 173 is crucial for UPSC aspirants as it highlights the basic eligibility criteria for membership in state legislatures, reflecting the constitutional safeguards for competent and effective legislative governance. This knowledge is essential for both preliminary and main examinations, offering insights into the framework that underpins democratic representation at the state level.