1. Council of States (Section 3 of RPA, 1951)

A person has to be an elector for a parliamentary constituency in India to be qualified to be chosen as a representative of any State or Union Territory (UT) in the Council of States. It is not necessary for a person to be an elector in that particular state or UT where he is contesting to be elected as a representative rather he can be an elector anywhere in India. Section 3 of RPA in its original form required the condition of elector ‘in that state or territory’, but this requirement was dispensed by Representation of People (Amendment) Act, 2003 and it was substituted by elector ‘in India’. In 2006, the Hon’ble Supreme Court upheld the validity of this change in ‘Kuldip Nayar vs Union of India and Ors. Case’.