Article 173

Article 173 of the Constitution of India lays down the qualifications necessary for an individual to become a member of the State Legislature, which includes both the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad). This article ensures that persons elected or nominated to State legislatures possess the fundamental eligibility required for participating in the law-making process, thereby preserving the integrity and representative nature of democratic institutions.

Constitutional Basis and Objective

The inclusion of Article 173 in the Constitution serves to establish a uniform set of qualifications across all States, providing consistency and fairness in the electoral process. These qualifications are designed to ensure that members of the State Legislatures possess not only legal and political eligibility but also a sense of responsibility and commitment to the constitutional order.
The article thus acts as a constitutional safeguard to prevent unqualified individuals from entering legislative bodies and to maintain the credibility of representative democracy.

Key Provisions of Article 173

The Constitution prescribes four essential qualifications for membership of a State Legislature under Article 173. These are as follows:
1. Citizenship of IndiaOnly a citizen of India is eligible to contest elections or be nominated as a member of a State Legislature. This provision ensures loyalty to the nation and alignment with its constitutional ideals. It excludes foreign nationals and those holding dual citizenship, thereby upholding the sovereignty of Indian legislative institutions.
2. Oath or AffirmationEvery individual seeking membership must make and subscribe to an oath or affirmation before a person authorised by the Election Commission of India, in the form prescribed in the Third Schedule of the Constitution.The oath binds the member to bear true faith and allegiance to the Constitution of India and to uphold its sovereignty and integrity. Without this formal oath, a person is not legally recognised as a member of the legislature.
3. Age RequirementsThe minimum age requirement varies according to the House:

• 25 years for election to the Legislative Assembly (Vidhan Sabha).
• 30 years for election or nomination to the Legislative Council (Vidhan Parishad).

These age limits are intended to ensure that candidates have attained sufficient maturity, understanding, and public experience to discharge legislative responsibilities effectively.
4. Additional Qualifications Prescribed by LawIn addition to the above constitutional qualifications, Article 173 empowers Parliament to prescribe further qualifications through ordinary legislation. This power is exercised primarily through the Representation of the People Act, 1951, which lays down additional conditions relating to voter registration, electoral rolls, and disqualifications.

Legislative Framework and Statutory Provisions

The Representation of the People Act, 1951 operationalises Article 173 by detailing eligibility and disqualification criteria for candidates. It ensures uniform application across all States and provides the procedural and regulatory framework for conducting elections to State Legislatures.
Key features of this framework include:

• Verification of citizenship and age through documentary evidence.
• Mandatory filing of nomination papers in accordance with Election Commission rules.
• Procedures for scrutiny and rejection of nominations that do not meet constitutional or statutory qualifications.

The Election Commission of India plays a vital role in implementing these provisions. It authorises officials to administer oaths and ensures that only eligible candidates participate in elections.

Disqualifications: Constitutional and Statutory

While Article 173 specifies the qualifications for membership, the disqualifications are provided separately under Article 191 (for State Legislatures) and are largely similar to Article 102 (for Parliament). These disqualifications include:

• Holding an office of profit under the government.
• Being of unsound mind, declared so by a competent court.
• Being an undischarged insolvent.
• Not being a citizen of India or voluntarily acquiring citizenship of another country.
• Disqualifications under the Representation of the People Act, 1951, such as conviction for certain offences, corrupt practices, or failure to lodge election expenses.

Thus, Articles 173 and 191 together form a comprehensive framework defining both eligibility and disqualification for legislative membership.

Judicial Interpretation and Landmark Judgments

The judiciary has played a significant role in interpreting the scope and implications of Article 173. Several Supreme Court cases have provided clarity on the constitutional and statutory dimensions of eligibility for membership:

• K. K. Verma v. Union of India (1954): This case dealt with the interpretation of qualifications and disqualifications under Articles 173 and 191, affirming the constitutional distinction between eligibility and disqualification.
• Indira Gandhi v. Raj Narain (1975): Though primarily concerning the validity of election results, this case underscored the principle that qualifications for candidates must conform strictly to constitutional and statutory requirements, thereby reinforcing electoral integrity.
• Kuldip Nayar v. Union of India (2006): The Court examined the qualifications for membership in the Rajya Sabha and, by analogy, reaffirmed that Parliament has the authority to define additional qualifications for legislative membership under constitutional provisions like Article 173.

Through these decisions, the Supreme Court has consistently upheld the view that qualifications under Article 173 are mandatory and justiciable, meaning that failure to meet them can invalidate a candidate’s election.

Role of the Election Commission

The Election Commission of India (ECI) serves as the constitutional guardian of the electoral process at both Union and State levels. In the context of Article 173, its key responsibilities include:

• Authorising officials to administer oaths or affirmations.
• Overseeing nomination and scrutiny processes to ensure compliance with constitutional qualifications.
• Adjudicating disputes related to candidate eligibility and electoral conduct.

The ECI’s supervisory powers under Article 324 of the Constitution reinforce the fair and lawful implementation of Article 173.

Implications of Non-Compliance

If a person does not meet the qualifications stipulated under Article 173 or fails to make the prescribed oath or affirmation, the following consequences arise:

• The individual is ineligible to contest or hold membership in the State Legislature.
• Any election won in violation of these qualifications may be declared void by the competent court under the Representation of the People Act, 1951.
• Such cases can result in disqualification proceedings initiated by the Election Commission or the relevant authority.

These measures ensure that legislative institutions remain composed of individuals who meet both the legal and moral standards expected of public representatives.

Amendments and Constitutional Continuity

Since its incorporation into the Constitution, Article 173 has remained largely unamended. Its enduring relevance lies in its simplicity and clarity, providing a foundational eligibility standard applicable uniformly to all States. Any refinements or additions to the criteria have been introduced through statutory instruments such as the Representation of the People Act rather than through constitutional amendment.

Significance of Article 173

Article 173 holds enduring importance in India’s democratic and federal system. Its significance can be summarised as follows:

• It upholds the democratic principle that only eligible, law-abiding citizens may participate in the legislative process.
• It protects the sanctity and competence of State Legislatures by setting clear eligibility benchmarks.
• It ensures uniformity across States, preventing arbitrary or inconsistent standards of eligibility.
• It serves as a constitutional foundation for the Representation of the People Act, 1951, which operationalises the electoral process.