1.4.1. Qualifications

The Constitution lays down the following qualifications for a person to be chosen as a member of the State Legislature:

♤ He must be a citizen of India.

♤ He must make and subscribe to an oath or affirmation before the person authorized by the Election Commission for this purpose. In his oath or affirmation, he swears

o To bear true faith and allegiance to the Constitution of India

o To uphold the sovereignty and integrity of India

♤ He should not be less than 25 years of age in case of the Legislative Assembly and not less than 30 years of age in case of the Legislative Council.

♤ He must possess other qualification prescribed by the Parliament.

The Parliament has laid down following additional qualifications in the Representation of People Act (1951):

♤ To be elected to the Legislative Council, a person must be an elector for an assembly constituency in the concerned state and to be qualified for a Governor’s nomination, he must be a resident in the concerned state.

♤ To be elected to the Legislative Assembly, a person must be an elector for an assembly constituency in the concerned state.

♤ A person must be an SC or ST if wants to contest a seat reserved for SCs or STs respectively.