Constitution of India · Section Article 243V
Disqualifications for membership
Article 243V — Disqualifications for membership
disqualified for being chosen as, and for being, a member of a Municipality—
- (a) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned: Provided that no person shall be disqualified on the ground that he is less than twenty-five years of age, if he has attained the age of twenty-one years;
- (b) if he is so disqualified by or under any law made by the Legislature of the State. (2) If any question arises as to whether a member of a Municipality has become subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of such authority and in such manner as the Legislature of a State may, by law, provide.
Plain English Summary
This article sets out the conditions under which a person cannot be chosen or remain a member of a Municipality. A person is disqualified if they are barred by any existing law for state legislature elections or by laws made specifically by the State Legislature.
Key Points
- A person is disqualified if an existing law bars them from being elected to the State Legislature.
- They are also disqualified if a law made by the State Legislature disqualifies them as a Municipality member.
- There is an exception: a person is not disqualified just because they are under 25 years old if they have already reached the age of 21.
- Any doubt about a member's disqualification must be decided by the relevant State authority according to state law.
Why It Matters
This ensures that only eligible individuals who do not face legal restrictions related to state politics can hold positions in local government bodies like Municipalities.
Landmark Judgements
No major landmark judgements.