What are qualifications for being member of State Legislature?
Q. Which of the following is/are true regarding qualifications and disqualifications for being elected as member of State Legislature?
1) Person should not be less than 35 years of age for being eligible to be elected to the Rajya Sabha.
2) A person can be disqualified on grounds of defection.
3) Detention of a person under a preventive detention law disqualifies a person for election to the Parliament.
4) A person punished for dowry is disqualified from being elected to the Parliament.- Published on 07 Mar 17a. 2, 4
b. 1, 2, 4
c. 2, 3
d. All of the above
ANSWER: 2, 4
Qualifications - The Constitution gives following qualifications for a person to be chosen a member of state legislature -
(a) He must be a citizen of India.
(b) He must make and subscribe to an oath or affirmation (as prescribed in 3rd Schedule) before the person authorized by the election commission for this purpose.
(c) He must be not less than 30 years of age in the case of the Legislative Council and not less than 25 years of age in the case of the Legislative Assembly.
(d) He must possess other qualifications prescribed by Parliament.
The Parliament has laid down the following additional qualifications in the Representation of People Act (1951) -
(a) A person to be elected to the Legislative Council must be an elector for an assembly constituency in the concerned state.
(b) To be qualified for the Governor’s nomination, he must be a resident in the concerned state.
(c) A person to be elected to the Legislative Assembly must be an elector for an assembly constituency in the concerned state.
(d) He must be a member of a scheduled caste or scheduled tribe in any state or union territory, if he wants to contest a seat reserved for them.
(e) But, a member of scheduled castes or scheduled tribes can also contest a seat not reserved for them.
Disqualifications - Under the Constitution, a person shall be disqualified for being elected as a member of state legislature -
(a) If he holds any office of profit under the Union or state government (except that of a minister or any other office exempted by state legislature).
(b) If he is of unsound mind and stands so declared by a court.
(c) If he is an undischarged insolvent.
(d) If he is not a citizen of India or has voluntarily acquired the citizenship of a foreign state or is under any acknowledgement of allegiance to a foreign state.
(e) If he is so disqualified under any law made by Parliament.
- The Parliament has laid down following additional disqualifications in the Representation of People Act (1951) which are similar to that of Parliament.
- On the question whether a member is subject to any of the above disqualifications, the governor’s decision is final.
- However, he should obtain the opinion of the election commission and act accordingly.
Disqualification on Ground of Defection -
- The Constitution says that a person shall be disqualified for being a member of either House of state legislature if he is so disqualified on the ground of defection under the provisions of the Tenth Schedule.
- The question of disqualification under the Tenth Schedule is decided by the Chairman, in the case of legislative council and, Speaker, in the case of legislative assembly.
- It is not decided by the Governor.
- Supreme Court ruled that the decision of Chairman/Speaker in this regard is subject to judicial review.
