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Constitution of India · Section Article 173

Qualification for membership of the State Legislature

Article 173 — Qualification for membership of the State Legislature

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.

  1. Sessions of the State Legislature, prorogation and dissolution.—(1) The Governor shall from time to time summon the House or each House of the Legislature of the State to meet at such time and place as he thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session. (2) The Governor may from time to time—
  • (a) prorogue the House or either House;
  • (b) dissolve the Legislative Assembly.]

Plain English Summary

This article sets the rules for who can be elected to represent a state in its state legislature. To be eligible, a person must be an Indian citizen, meet minimum age requirements depending on the type of seat (Assembly or Council), and satisfy any other qualifications set by law.

Key Points

  • Citizenship Requirement: A person must be a citizen of India and take an oath as required.
  • Age Limits: Minimum age is 25 years for a Legislative Assembly seat and 30 years for a Legislative Council seat.
  • Other Qualifications: Any other necessary qualifications are determined by laws made by Parliament.

Why It Matters

This article ensures that only eligible and qualified Indian citizens are allowed to participate in making decisions at the state level through the legislature.

Landmark Judgements

No major landmark judgements.

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