What is Article 173 of Indian Constitution – Defination & Meaning

Article 173: Qualification for membership of the State Legislature A person shall not be qualified to be chosen to fill a seat in the Legislature of aState
📅 Part VI – The States
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Article Number

173

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Part VI – The States

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Bare Acts Text

Article 173: Qualification for membership of the State Legislature

  • A person shall not be qualified to be chosen to fill a seat in the Legislature of a
    State unless he—
  • (a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;
  • (b) is, in the case of a seat in the Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age; and
  • (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
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Full Definition & Explanation

Article 173 of the Indian Constitution outlines the qualifications for a person to be elected as a member of the State Legislature. This article is key for maintaining the integrity and effectiveness of state governance. It specifies that a candidate must be a citizen of India and must take an oath before an authorized person. This oath is a promise to uphold the Constitution and fulfill their duties honestly. It ensures that only dedicated individuals represent the interests of the public in the legislature. Also, Article 173 sets age limits for candidates. For the Legislative Assembly, candidates must be at least twenty-five years old. In contrast, those seeking a seat in the Legislative Council must be a minimum of thirty years old. These age requirements ensure that candidates have a certain level of maturity and life experience before taking on legislative responsibilities. This regulation affects all aspiring politicians at the state level, thereby impacting local governance and policy-making. The article also allows Parliament to set additional qualifications through law. This means that states can have specific requirements tailored to their needs, promoting a diverse representation in the legislature. For instance, some states may require educational qualifications or other criteria. Overall, Article 173 helps to ensure that the individuals elected to the State Legislature are not only citizens but also meet certain standards that reflect their capability to serve the public effectively.

Historical Context

This article is key for maintaining the integrity and effectiveness of state governance. It specifies that a candidate must be a citizen of India and must take an oath before an authorized person. This oath is a promise to uphold the Constitution and fulfill their duties honestly. It ensures that only dedicated individuals represent the interests of the public in the legislature. Article 173 of the Indian Constitution outlines the qualifications for a person to be elected as a member of the State Legislature. Also, Article 173 sets age limits for candidates. For the Legislative Assembly, candidates must be at least twenty-five years old.

Key Features

– Candidates must be Indian citizens to qualify for state legislature seats.
– An oath or affirmation is required from all candidates before election.
– Age requirements are set at twenty-five for the Assembly and thirty for the Council.
– Parliament can prescribe additional qualifications through legislative measures.
– The article ensures only qualified individuals can represent the public’s interests.

Importance & Impact

– Ensures that only citizens can participate in state governance
– Age limits promote maturity and responsibility in legislative roles
– Oaths ensure that elected members commit to upholding the Constitution.
– Additional qualifications can adapt to state-specific needs and contexts
– Influences the selection process of future leaders in state legislatures.

Sample UPSC Question

Which of the following statements about Article 173 is correct? A) It requires candidates to be citizens of India. B) It does not have any age limit. C) It allows states to set no additional qualifications. D) It mandates a minimum age of 30 for all legislators. Select the correct option.? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.

Answer

The correct answer is A. Article 173 clearly states that candidates must be citizens of India to qualify for election. This requirement ensures that only individuals with a stake in the nation can represent the public. Article 173 of the Indian Constitution outlines the qualifications for a person to be elected as a member of the State Legislature.

Key Takeaways

✓ Candidates must be citizens to seek state legislature seats.
✓ Age limits promote responsibility in legislative roles
✓ Candidates must take an oath to uphold the Constitution.
✓ States can set specific qualifications through laws
✓ This article influences future leaders in state governance.

FAQs

Article 173 of the Indian Constitution outlines the qualifications for a person to be elected as a member of the State Legislature. This article is key for maintaining the integrity and effectiveness of state governance. It specifies that a candidate must be a citizen of India and must take an oath before an authorized person.

In contrast, those seeking a seat in the Legislative Council must be a minimum of thirty years old. These age requirements ensure that candidates have a certain level of maturity and life experience before taking on legislative responsibilities. This regulation affects all aspiring politicians at the state level, thereby impacting local governance and policy-making.

This means that states can have specific requirements tailored to their needs, promoting a diverse representation in the legislature. For instance, some states may require educational qualifications or other criteria. Overall, Article 173 helps to ensure that the individuals elected to the State Legislature are not only citizens but also meet certain standards that reflect their capability to serve the public effectively.

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Pramod Pal Founder and Editor-in-Chief

Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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