Article 173 of the Indian Constitution talks about who can be a member of the state legislature and what they need to do. We will read everything related to this article.
It specifies all of the criteria that must be considered when selecting a member of the state legislature.
Let us dig deep into the concept of Article 173 of the Indian Constitution and get to know everything about it.
Article 173 Of The Indian Constitution – In Detail
To understand the concepts of Article 173 of the Indian Constitution in detail, we will break down each and every clause present in it.
Let get started with all the sub-clauses present in it.
Clause – As it is & Explained
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 authorised 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
The only clause present in Article 173 of the Indian Constitution explains all the parameters and qualifications that are required to become a member of the state legislature in all its subclauses.
The clause says that in order to be a member of the State Legislature, a person has to fulfil all the parameters and should be qualified as
(a) a citizen of India, and should take the oath before such a person, who must be authorized to take an oath before. The person has to be authorized by the Election Commission of India. The oath will only be taken according to the form that has been set out in the third schedule of the Indian Constitution.
(b) a person who is not less than 25 years if it is the seat of the Legislative Assembly and a person who is not less than 30 years if it is the seat of the Legislative Council.
(c) as a person who meets all of the other qualifications set forth by Parliament.
Related – Article 174 Of The Indian Constitution
Summing Up
We can conclude from this article that a person must possess certain critical qualifications in order to serve in either house or the state legislature.
Article 173 of the Indian Constitution makes it very lucid in terms of the qualification that are needed if someone is willing to become a member of the state legislature.
FAQs
What is an electoral oath in India?
The electoral oath in India goes like “I, A.B., having been nominated as a candidate to fill a seat in the. Council of States (or the House of the People) do. swear in the name of God. that I will bear true faith and allegiance to the Constitution of India as by law established and that I will uphold the sovereignty and integrity of India.”
What are the eligibility conditions for members of the Legislative Council?
Members of a State Legislative Council (MLC) must be Indian citizens at least 30 years old, of sound mind, not bankrupt, and registered to vote in the state. A person cannot be both a Member of Parliament and a Member of the State Legislative Assembly. The term of office for MLCs is six years.
What are the qualifications of members of the Legislative Assembly?
Qualifications for the Legislative Assembly are quite similar to those for the British Parliament.
The ideal candidate would be a native Indian.
Members of the Legislative Assembly must be at least 25 years old, while members of the Legislative Council must be at least 30 years old (as per Article 173 of the Indian Constitution).
In all states, prospective members of the Legislative Assembly or Legislative Council must be registered voters in the state. Those who are ineligible for membership in the House of Commons are likewise ineligible for membership in the state legislature.
No crime shall be committed that would result in a term of 1 year or more of incarceration for the individual.
What is the minimum age required to become a member of the Legislative council in India?
Members of the Legislative Council (MLC) are elected for a six-year tenure. They must be younger than 30 years old. The Governor nominates several members.
How is an MLA elected?
One representative is elected by voters in each district to serve as their voice in the Legislative Assembly (MLA). People run for office under the banner of many political parties, as you may have seen. In other words, these legislators all come from different political camps.
