Part VI: The States

Article 173: Qualification for Membership of the State Legislature

--- Original Article ---

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.

Explanation

Article 173 outlines essential qualifications for State Legislature members, requiring Indian citizenship, specific age limits, and additional qualifications as defined by Parliament, ensuring that members uphold constitutional responsibilities.

Key Provisions

• Clause (a): Citizenship and Oath Requirement: Mandates that candidates for State Legislature seats must be Indian citizens and must make an oath or affirmation of allegiance to India.
• Clause (b): Age Requirement: Minimum 25 years for Legislative Assembly and 30 years for Legislative Council candidates.
• Clause (c): Additional Qualifications: Parliament defines further requirements as necessary for candidature.

Amendments

Sixteenth Amendment Act, 1963: Added the citizenship and oath requirement, emphasizing the need for dedication to India's sovereignty.

Real-Life Example

• All candidates for state legislature positions take an oath affirming loyalty to India's unity and integrity, reflecting a commitment to national interests.

Historical Significance

The Sixteenth Amendment (1963) underscored loyalty amid external and internal security threats, shaping Article 173 to reflect India's focus on national integrity and responsible governance.

Legislative History

Initially framed as Article 152 in the Draft Constitution, Article 173’s final version reflected debates on qualification standards, including citizenship, age, and ethical criteria for legislative members.

Debates and Deliberations

Dr. B.R. Ambedkar proposed the structure of qualifications for the State Legislature, emphasizing alignment with national principles.

Shrimati Purnima Banerji advocated for a 30-year age minimum for the Council, aligning with the Rajya Sabha and ensuring experienced representation.

Prof. K.T. Shah proposed a literacy requirement, arguing that informed representatives could better serve the electorate. Dr. Ambedkar opposed this, arguing that such qualifications could be legislated if necessary.

References

• Constitution (Sixteenth Amendment) Act, 1963
• Third Schedule of the Indian Constitution