Actual Article
Article 84: Qualification for Membership of Parliament
A person shall not be qualified to be chosen to fill a seat in Parliament 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 Council of States (Rajya Sabha), not less than thirty years of age and, in the case of a seat in the House of the People (Lok Sabha), not less than twenty-five years of age;
c) Possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
UPSC Notes for Article 84
Explanation:
- Citizenship Requirement: Only citizens of India are eligible to be members of Parliament.
- Age Criteria: Candidates must be at least 30 years old for Rajya Sabha and 25 years old for Lok Sabha.
- Oath of Office: Candidates must take an oath or affirmation before an authorized person as specified by the Election Commission.
- Additional Qualifications: Parliament may prescribe additional qualifications as required.
Key Points:
- Ensuring National Loyalty: By requiring citizenship, the Constitution ensures that members of Parliament are loyal to India.
- Age and Maturity: The age requirements aim to ensure a certain level of maturity and experience among legislators.
- Formal Commitment: The oath or affirmation serves as a formal commitment to uphold the Constitution and laws of India.
- Legislative Flexibility: Parliament’s authority to prescribe additional qualifications allows for flexibility and adaptability in setting eligibility criteria.
Important Cases and Commissions Related to Article 84
Cases:
- Lily Thomas vs. Union of India (2013): Discussed the disqualification of MPs and the importance of maintaining integrity and eligibility criteria.
- K. Prabhakaran vs. P. Jayarajan (2005): Addressed the issue of qualifications and disqualifications of candidates in elections, emphasizing the criteria set by the Constitution and law.
Commissions:
- Law Commission Reports: Various reports have recommended reforms and clarifications regarding the qualifications and disqualifications of members of Parliament.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested changes to strengthen the eligibility criteria and integrity of the electoral process.
Previous Year Prelims Questions Related to Article 84
- (UPSC Prelims 2014) Which of the following is a qualification to become a member of the Parliament?
- A. Must be a graduate
- B. Must be an Indian citizen
- C. Must have at least 10 years of work experience
- D. Must be at least 35 years of age Correct Answer: B. Must be an Indian citizen
- (UPSC Prelims 2017) The minimum age required to become a member of the Lok Sabha is:
- A. 21 years
- B. 25 years
- C. 30 years
- D. 35 years Correct Answer: B. 25 years
Previous Year Mains Questions Related to Article 84
- Mains 2015: “Discuss the significance of the qualifications prescribed for membership of Parliament under Article 84. How do these qualifications contribute to the effective functioning of the Indian Parliament?”
- Mains 2019: “Analyze the role of additional qualifications prescribed by Parliament for members of Parliament as per Article 84. How does this flexibility impact the legislative process?”
Additional Insights:
- Integrity and Accountability: Article 84 ensures that individuals seeking to become members of Parliament meet specific standards of integrity and accountability.
- Dynamic Criteria: The ability of Parliament to prescribe additional qualifications ensures that the eligibility criteria can evolve with changing political, social, and economic circumstances.
- Comparative Perspective: Similar qualifications are found in many democratic countries, reflecting a universal need for maturity, loyalty, and commitment among legislators.
Understanding Article 84 is crucial for UPSC aspirants as it provides insights into the qualifications necessary for becoming a member of the Indian Parliament, ensuring that representatives are suitably qualified and committed to their roles. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework and the standards expected of lawmakers in India.