The Constitution of India
Article 173
Qualification for membership of the State Legislature
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.
Why this exists
The Constitution framers wanted state legislators to be citizens with a minimum level of maturity and a formal commitment to the Constitution, similar to the requirements for Parliament under Article 84. Allowing Parliament to add further qualifications (like via the Representation of the People Act, 1951) gave flexibility to address practical issues—such as residency, criminal convictions, or corrupt practices—without needing constitutional amendments each time.
How courts read it
Courts have mostly interpreted this Article alongside laws made under clause (c), especially the Representation of the People Act, 1951, which adds disqualifications like being convicted of certain offences or having unsound mind. The Supreme Court has held that qualifications and disqualifications prescribed by Parliament under such laws must be read together with Article 173, and that the oath requirement in clause (a) is mandatory—an elected member who has not taken the oath cannot function as a legislator, as clarified in cases dealing with the timing and manner of taking the oath.
Common misconceptions
- Myth: Anyone who wins a State election automatically becomes a legislator right away.
Fact: Under clause (a), the person must first take the prescribed oath before an authorized official; only then do they function as a member. - Myth: The age and citizenship rules in Article 173 are the only qualifications needed.
Fact: Clause (c) allows Parliament to add further qualifications through ordinary law, such as those in the Representation of the People Act, 1951.