Article 84

Article 84 of the Constitution of India defines the qualifications necessary for an individual to become a member of Parliament, encompassing both the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). The provision ensures that only competent, responsible, and eligible citizens are entrusted with the task of representing the people in the national legislature. It thus forms a cornerstone of India’s democratic framework by establishing minimum eligibility standards for legislators.

Constitutional Framework and Purpose

The framers of the Constitution introduced Article 84 to uphold the integrity, capability, and accountability of those who hold parliamentary office. The Article prescribes general qualifications, leaving room for Parliament to legislate additional conditions. This balance between constitutional prescription and legislative flexibility enables adaptation to evolving democratic needs.
By setting out criteria based on citizenship, age, and other statutory requirements, Article 84 ensures that members of Parliament have a basic understanding of public affairs and a genuine connection to the Indian polity.

Citizenship Requirement

The foremost qualification under Article 84 is that the candidate must be a citizen of India. This condition reaffirms the principle of national sovereignty, ensuring that legislative power rests only with those owing allegiance to the Republic of India.
Before assuming office, a member must also make and subscribe to an oath or affirmation as prescribed in the Third Schedule of the Constitution. The oath is administered before a person authorised by the Election Commission of India and signifies commitment to uphold the Constitution and the unity and integrity of India.
The oath or affirmation states:

“I, [name], having been elected (or nominated) a member of the Council of States (or the House of the People), do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will uphold the sovereignty and integrity of India.”

This symbolic yet essential act formalises a member’s constitutional responsibility and ethical duty.

Age Requirements

Article 84 sets minimum age thresholds for membership in the two Houses of Parliament:

• For the Rajya Sabha (Council of States), the minimum age is 30 years.
• For the Lok Sabha (House of the People), the minimum age is 25 years.

These requirements reflect the framers’ intention that members possess a degree of maturity and experience commensurate with the responsibilities of legislative office. The distinction recognises the Rajya Sabha as a deliberative chamber, necessitating relatively greater experience, while the Lok Sabha, being directly representative of the people, allows younger participation.

Additional Qualifications and Statutory Provisions

Apart from the basic constitutional criteria, Article 84(c) empowers Parliament to prescribe additional qualifications by law. This power is exercised chiefly through the Representation of the People Act, 1951, which elaborates on the practical conditions for eligibility and disqualification.
The Act provides for:

• Registration as an elector in the relevant parliamentary constituency.
• Fulfilment of conditions regarding nomination, election expenses, and declarations.
• Compliance with any other statutory qualifications that may be introduced by Parliament from time to time.

This legislative discretion ensures that the constitutional framework remains flexible and responsive to emerging electoral challenges.

Disqualifications under Related Provisions

While Article 84 deals with qualifications, the grounds for disqualification are separately enumerated in Article 102 of the Constitution and in the Representation of the People Act, 1951. These include:

• Holding an office of profit under the Government of India or any State government (except offices declared by Parliament as non-disqualifying).
• Being declared of unsound mind by a competent court.
• Being an undischarged insolvent.
• Being convicted of certain criminal offences.

Such provisions uphold the principle that public representatives must maintain the highest standards of integrity and probity.

Role of the Election Commission of India

The Election Commission of India (ECI) plays a vital role in ensuring compliance with the qualifications laid down in Article 84. Its responsibilities include:

• Verifying candidate eligibility at the time of nomination.
• Authorising individuals to administer oaths or affirmations to elected members.
• Supervising the electoral process to ensure adherence to constitutional and statutory norms.

In case of disputes regarding qualification or disqualification, the President of India acts upon the opinion of the Election Commission, as provided under Article 103.

Judicial Interpretation and Landmark Supreme Court Judgments

Over time, the judiciary has clarified and reinforced the principles underlying Article 84 through key rulings:

• Keshavananda Bharati v. State of Kerala (1973): The Supreme Court’s establishment of the Basic Structure Doctrine indirectly protects the qualifications framework by preventing any amendment that would undermine representative democracy.
• Indira Gandhi v. Raj Narain (1975): The case dealt with electoral disqualifications and emphasised that free and fair elections are part of the basic structure of the Constitution, thereby influencing the application of qualifications and disqualifications.
• Lily Thomas v. Union of India (2013): The Court ruled that any Member of Parliament or Legislative Assembly convicted of an offence attracting a sentence of two years or more shall be immediately disqualified, removing the earlier protective grace period under the Representation of the People Act.
• Rameshwar Prasad v. Union of India (2006): The judgment reiterated the sanctity of electoral qualifications and the need for transparency and fairness in determining membership eligibility.

Through these decisions, the Supreme Court has upheld Article 84 as an essential component of the constitutional framework ensuring representative purity and electoral integrity.

Legislative Context and Related Articles

Article 84 must be read together with other constitutional provisions regulating Parliament’s composition and membership:

• Article 80 – Composition of the Council of States.
• Article 81 – Composition of the House of the People.
• Article 102 – Disqualifications for membership of Parliament.
• Article 173 – Similar qualifications for membership of State Legislatures.

Collectively, these provisions establish a uniform standard for democratic representation at both national and state levels.

Evolution and Amendments

Article 84 has remained largely unaltered since the Constitution came into effect in 1950. However, the Representation of the People Acts of 1950 and 1951 have been repeatedly amended to refine the qualification and disqualification procedures, particularly in response to judicial interpretations and electoral reforms.
Modern amendments to these Acts have introduced mechanisms for asset disclosure, educational qualification declarations, and criminal antecedent reporting, thereby promoting transparency and accountability.

Significance and Democratic Importance

Article 84 performs a foundational role in maintaining the credibility and integrity of India’s parliamentary system. Its importance lies in the following aspects:

• It ensures that only qualified citizens can participate in the legislative process.
• It provides a constitutional filter to prevent unfit individuals from entering Parliament.
• It upholds representative democracy by linking eligibility to citizenship, age, and moral fitness.
• It enables Parliament to evolve the qualification framework through ordinary legislation, ensuring adaptability.