The Constitution of India
Article 243V
Disqualifications for membership
(1) A person shall be 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.
Why this exists
Part IX-A of the Constitution, added by the 74th Amendment in 1992, gave municipalities constitutional status as units of local self-government. Article 243V ensures municipal elections have credible eligibility standards by borrowing the disqualification framework already used for state legislature elections, while lowering the age bar to 21 to encourage younger participation in local governance, which is seen as a training ground for democracy. It also lets states add municipality-specific disqualifications and mandates a clear, law-based dispute-resolution mechanism to avoid arbitrary removals.
Common misconceptions
- Myth: The age limit for Municipality elections is the same as for State Assembly elections.
Fact: Article 243V specifically lowers the effective age requirement to 21 for municipal membership, even if state Assembly election law sets a higher age like 25. - Myth: Any court or authority can decide if a municipal member has become disqualified.
Fact: Clause (2) requires that such disputes be resolved only by the specific authority and procedure that the state legislature designates by law.