Part VI - The States • Article

Article 173 Simplified: Qualification for membership of the State Legislature

To become an MLA, you must meet three main rules under Article 173: 1) You must be an Indian Citizen. 2) You must be at least 25 years old (for the Assembly) or 30 (for the Council). 3) You must take an oath to follow the Constitution. This ensures that only responsible adults who are loyal to the country can make laws for your state.

Official Text

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;]. Subs. by the Constitution (Sixteenth Amendment) Act, 1963, s. 4, for cl. (a) (w.e.f. 5-10-1963). (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.

Simple Meaning

Explain Like Ten

To be a state lawmaker, you must be a citizen of India, take an oath of loyalty, and be at least 25 years old for the Assembly or 30 for the Council.

Student Mode

Specifies the qualifications for membership of the State Legislature, including citizenship, age thresholds (25 for Assembly, 30 for Council), an oath before an Election Commission authorized person, and other criteria prescribed by Parliament.

Example

If a person is 24 years old, they cannot contest the 2026 Assembly Elections because they do not meet the age requirement of Article 173.

Key Takeaway

Article 173 sets the basic eligibility rules for anyone wanting to be an MLA.

FAQs

What are the minimum age requirements to contest elections?

A candidate must be at least 25 years of age for the Legislative Assembly (MLA) and at least 30 years of age for the Legislative Council (MLC).

Before whom must a candidate subscribe to the oath or affirmation?

The oath or affirmation must be made before a person authorized in that behalf by the Election Commission of India (usually the Returning Officer).

Where is the form of oath for candidates set out in the Constitution?

The form of oath or affirmation is set out in the Third Schedule of the Constitution of India.

Can Parliament add more qualifications for state legislators?

Yes. Under Article 173(c), Parliament has the power to prescribe other qualifications, which it has done via the Representation of the People Act, 1951 (e.g., being registered as a voter).

Quiz

What is the minimum age to be elected as a member of the State Legislative Assembly?

Answer: 25 years

What is the minimum age to be elected to the State Legislative Council?

Answer: 30 years

Under which schedule of the Constitution is the oath for State Legislature candidates prescribed?

Answer: Third Schedule

Which Act of Parliament outlines additional qualifications and disqualifications for legislators?

Answer: Representation of the People Act, 1951