The Constitution and the Representation of the People Act, 1951 prescribe the qualifications required for a person to contest elections to:
The constitutional foundation is mainly found in:
The statutory qualifications are mainly provided under:
Constitution → Basic Qualifications
RPA 1951 → Additional Statutory Qualifications
Deals with:
Qualifications for membership of Parliament
Deals with:
Qualifications for membership of State Legislature
Both require the candidate to:
A candidate must generally satisfy:
Must be:
A citizen of India
Must make and subscribe to the prescribed:
Oath or affirmation
before a person authorised by the Election Commission.
Depends on the House.
Must satisfy qualifications prescribed by:
Parliamentary law
Article 84 and Article 173 expressly provide this framework.
| House | Minimum Age |
|---|---|
| Lok Sabha | 25 years |
| State Legislative Assembly | 25 years |
| Rajya Sabha | 30 years |
| State Legislative Council | 30 years |
Lower House → 25
Upper House → 30
For membership of the:
Lok Sabha
a candidate must be at least:
25 years old
and satisfy the constitutional and statutory requirements.
Section 4
deals with:
Qualifications for membership of the House of the People.
For membership of the:
Rajya Sabha
a candidate must be at least:
30 years old
Section 3
deals with:
Qualification for membership of the Council of States.
For membership of a:
State Legislative Assembly
a candidate must be at least:
25 years old
Section 5
deals with:
Qualifications for membership of a Legislative Assembly.
For membership of a:
State Legislative Council
a candidate must be at least:
30 years old
Section 6
deals with:
Qualifications for membership of a Legislative Council.
Citizenship is a fundamental qualification.
A candidate must be:
A citizen of India
A foreign citizen cannot contest elections to:
Article 84 and Article 173 require a candidate to:
Make and subscribe to an oath or affirmation
in the prescribed form.
The oath/affirmation is a:
Constitutional qualification requirement
and should not be confused with the oath taken by a person after being elected as a member.
Do not confuse:
Minimum age:
18 years
Minimum age:
25 or 30 years, depending on the House.
Voter
→ 18
Lok Sabha / Assembly
→ 25
Rajya Sabha / Legislative Council
→ 30
The RPA 1951 imposes additional electoral qualifications.
For example:
Section 3
requires a person contesting for the Rajya Sabha to be:
An elector for a Parliamentary constituency in India.
Similarly, Section 4 lays down elector-related requirements for Lok Sabha candidates, including specific conditions for reserved seats.
Elector qualification + Membership qualification
are related but not identical.
For a general Lok Sabha seat, the candidate must satisfy the applicable statutory requirements, including being:
An elector for a Parliamentary constituency.
The candidate does not have to be an elector in the same constituency from which they contest.
For a seat reserved for:
Scheduled Castes
the candidate must:
The candidate may belong to a Scheduled Caste of:
Any State
subject to the statutory provision.
For a seat reserved for:
Scheduled Tribes
the candidate must:
Special statutory rules apply to:
Autonomous districts of Assam
An SC/ST candidate can contest a reserved Lok Sabha seat only if they belong to the SC/ST community of that particular State.
❌ Not universally correct.
Section 4 contains specific rules, including provisions allowing an SC/ST candidate to satisfy the relevant category requirement even where the statutory conditions refer to a Scheduled Caste/Tribe of another State, subject to the particular seat and statutory exceptions.
For seats reserved for:
Scheduled Castes / Scheduled Tribes
the candidate must satisfy the relevant:
Reservation qualification is:
In addition to ordinary candidate qualifications.
State Legislative Councils have different categories of seats.
The statutory qualifications therefore interact with the type of seat.
Section 6
provides the statutory qualification framework.
Legislative Council elections include special electorates such as:
These are:
Electoral constituencies
and should not be confused with general Assembly constituencies.
There is no general requirement that a candidate contesting:
must possess a minimum academic degree.
A candidate must be a graduate to contest Lok Sabha elections.
❌ Incorrect
There is no general requirement that a candidate:
Own property
to contest an election.
Only property owners can contest elections.
❌ Incorrect
There is no general minimum income requirement for becoming a candidate.
Political representation is not restricted by:
Age requirements are not the same for every election.
Lok Sabha
→ 25
Legislative Assembly
→ 25
Rajya Sabha
→ 30
Legislative Council
→ 30
Minimum age for every legislative office is 25 years.
❌ Incorrect
Satisfying the qualifications is not enough.
A candidate must also be free from applicable:
Disqualifications
under:
Qualification + No Disqualification
Answers:
Can this person become a candidate?
Answers:
Is this person legally barred from being chosen or continuing as a member?
A person may:
but still be disqualified because of a statutory ground.
The Constitution contains important disqualification provisions.
Deals with disqualification for membership of:
Parliament
Deals with disqualification for membership of:
State Legislature
These operate alongside statutory disqualifications under RPA 1951.
RPA 1951 contains major provisions under:
Disqualification on conviction for certain offences.
Disqualification on ground of corrupt practices.
Disqualification for dismissal for corruption or disloyalty.
Disqualification relating to Government contracts.
Disqualification relating to certain government company offices.
Disqualification for failure to lodge election expenses.
The candidate must pass both stages:
Candidate
↓
Basic Constitutional Qualifications
↓
Statutory Qualifications
↓
No Disqualification
↓
Valid Nomination
↓
Contest Election
A person must:
Be an Indian citizen
Make and subscribe the prescribed oath/affirmation
Meet the minimum age:
Possess other qualifications prescribed by Parliament
A person must:
Be an Indian citizen
Make and subscribe the prescribed oath/affirmation
Meet the minimum age:
Possess other qualifications prescribed by Parliament
| Section | Subject |
|---|---|
| 3 | Qualification for Rajya Sabha |
| 4 | Qualification for Lok Sabha |
| 5 | Qualification for Legislative Assembly |
| 5A | Qualification for Legislative Assembly of Sikkim |
| 6 | Qualification for Legislative Council |
| 7 | Definitions |
These provisions form Part II, Chapter I and II of the Act.
A person is qualified to be chosen as a representative of a State or Union Territory in the:
Council of States
if the statutory requirements are satisfied, including being:
An elector for a Parliamentary constituency in India.
3 → Rajya Sabha
Deals with:
Qualifications for membership of the House of the People
It contains special provisions concerning:
4 → Lok Sabha
Deals with:
Qualifications for membership of a Legislative Assembly
It contains elector and reserved-seat requirements.
5 → Assembly
Deals specifically with:
Qualifications for membership of the Legislative Assembly of Sikkim
Section 5A applies uniformly to all State Legislative Assemblies.
❌ Incorrect
It is specifically concerned with:
Sikkim
Deals with:
Qualifications for membership of a Legislative Council
It provides different requirements depending on the type of Council constituency.
6 → Council
A common misconception is:
Candidate must be an elector of the same constituency from which they contest.
For Parliament and State Legislature elections, the statutory provisions determine the relevant elector requirement.
Being an elector in the:
Same constituency
is not generally required merely because the person is contesting there.
The candidate must satisfy the applicable:
Elector requirement
under the relevant statutory provision.
Candidate
↓
Must satisfy applicable elector requirement
↓
PLUS
↓
Age + Citizenship + Other Qualifications
The constitutional requirement to make and subscribe an oath/affirmation is distinct from:
Taking oath as a member after election.
Do not confuse:
Candidate's constitutional qualification requirement
with:
Member's oath after being elected.
Even if a person is qualified:
They still need to:
Qualification ≠ Automatic Candidature
| Qualification | Nomination |
|---|---|
| Determines eligibility | Formal entry into election |
| Constitutional/statutory | Procedural |
| Citizenship | Nomination paper |
| Age | Proposers |
| Elector requirement | Deposit |
| Other qualifications | Declarations |
| No disqualification | Scrutiny |
A person may be:
Qualified
but not:
Elected
Qualified
↓
Nominated
↓
Validly Contesting
↓
Votes Received
↓
Highest Votes / Applicable Electoral System
↓
Elected
| Lok Sabha | Rajya Sabha |
|---|---|
| Minimum age 25 | Minimum age 30 |
| Direct election | Indirect election |
| Constituency-based | State/UT representation |
| Section 4 | Section 3 |
| General/SC/ST reserved seats | State/UT representation |
| Legislative Assembly | Legislative Council |
|---|---|
| Minimum age 25 | Minimum age 30 |
| Direct election | Mixed composition |
| Section 5 | Section 6 |
| Territorial constituencies | Multiple categories of electorates |
There is:
No separate qualification requirement based on sex
for contesting legislative elections.
Women candidates must satisfy the same general:
Constitutional + statutory requirements
as applicable.
There is no general requirement that a candidate belong to a particular religion.
A candidate cannot be disqualified merely because of:
Religious identity
subject to specific constitutional/statutory rules applicable to particular reserved categories or constituencies.
For:
Reserved SC/ST seats
the candidate must satisfy the relevant statutory requirements concerning:
This is not a general qualification for every candidate.
A candidate does not generally need to be:
A resident of the constituency
from which they contest.
Do not confuse:
Voter's ordinary residence
with:
Candidate's constituency residence.
The applicable elector requirement is governed by RPA 1951.
An Indian citizen living abroad does not automatically become eligible to contest every legislative seat merely because they retain citizenship.
The candidate must satisfy:
Overseas elector status ≠ Automatic candidate eligibility
An:
OCI cardholder
is not an Indian citizen.
Therefore, OCI status does not satisfy the citizenship requirement for contesting elections to Parliament or State Legislatures.
OCI cardholders can contest elections because they have long-term residence rights.
❌ Incorrect
The candidate must satisfy the prescribed minimum age.
25 years
30 years
18 → Vote
25 → Lower House
30 → Upper House
There is no general:
Graduate requirement
for contesting Parliamentary or State Legislative elections.
Only graduates can contest Lok Sabha elections.
❌ Incorrect
A candidate does not need to earn a particular:
Minimum annual income
to contest.
A candidate does not need to own:
Land or property
to contest.
INDIAN CITIZEN
+
PRESCRIBED OATH / AFFIRMATION
+
MINIMUM AGE
+
APPLICABLE ELECTOR REQUIREMENT
+
OTHER STATUTORY QUALIFICATIONS
+
NO DISQUALIFICATION
↓
ELIGIBLE CANDIDATE
LOK SABHA
→ Citizen
→ Oath/Affirmation
→ 25 Years
→ Applicable Elector Requirement
→ Other Statutory Conditions
RAJYA SABHA
→ Citizen
→ Oath/Affirmation
→ 30 Years
→ Elector for Parliamentary Constituency in India
→ Other Statutory Conditions
ASSEMBLY
→ Citizen
→ Oath/Affirmation
→ 25 Years
→ Applicable Elector Requirement
→ Other Statutory Conditions
LEGISLATIVE COUNCIL
→ Citizen
→ Oath/Affirmation
→ 30 Years
→ Applicable Elector Requirement
→ Other Statutory Conditions
Article 84:
Qualifications for Parliament
Article 173:
Qualifications for State Legislature
Section 3:
Rajya Sabha
Section 4:
Lok Sabha
Section 5:
Legislative Assembly
Section 5A:
Sikkim Legislative Assembly
Section 6:
Legislative Council
Lok Sabha minimum age:
25
Rajya Sabha minimum age:
30
Assembly minimum age:
25
Legislative Council minimum age:
30
Candidate must be:
Indian citizen
There is no general:
Educational qualification
There is no general:
Property qualification
There is no general:
Income qualification
Minimum age for all candidates is 25 years.
❌ Incorrect
Rajya Sabha and Legislative Council:
30 years
Minimum age to contest Lok Sabha is 30 years.
❌ Incorrect
25 years
Minimum age to contest Rajya Sabha is 25 years.
❌ Incorrect
30 years
A candidate must be an elector of the same constituency from which they contest.
❌ Incorrect
The statutory elector requirement does not generally require same-constituency registration.
A candidate must be a graduate.
❌ Incorrect
No general educational qualification exists.
A candidate must own property.
❌ Incorrect
An OCI cardholder can contest elections because they have Indian-origin status.
❌ Incorrect
Citizenship is required.
Candidate qualification and nomination are the same thing.
❌ Incorrect
Qualification is substantive; nomination is procedural.
Being qualified automatically guarantees candidature.
❌ Incorrect
The candidate must complete the nomination process and pass scrutiny.
Article 84 itself contains all detailed candidate qualifications.
❌ Incorrect
Article 84 establishes the constitutional framework and authorises Parliament to prescribe additional qualifications.
Section 3 of RPA 1951 deals with Lok Sabha qualifications.
❌ Incorrect
Section 3 → Rajya Sabha
Section 4 → Lok Sabha
Section 5A applies to every State Legislative Assembly.
❌ Incorrect
It specifically concerns:
Sikkim
Article 84 deals with qualifications for membership of Parliament.
✅ Correct
Article 173 deals with qualifications for membership of State Legislatures.
✅ Correct
The minimum age for Lok Sabha membership is 25 years.
✅ Correct
The minimum age for Rajya Sabha membership is 30 years.
✅ Correct
The minimum age for Legislative Assembly membership is 25 years.
✅ Correct
The minimum age for Legislative Council membership is 30 years.
✅ Correct
Every candidate must possess a university degree.
❌ Incorrect
Every candidate must own property in the constituency.
❌ Incorrect
An OCI cardholder satisfies the citizenship requirement for contesting legislative elections.
❌ Incorrect
Section 3 of RPA 1951 deals with qualification for Rajya Sabha membership.
✅ Correct
Section 4 deals with qualification for Lok Sabha membership.
✅ Correct
Section 5 deals with qualification for State Legislative Assembly membership.
✅ Correct
Section 6 deals with qualification for State Legislative Council membership.
✅ Correct
A person must generally be a resident of the constituency from which they contest.
❌ Incorrect
A person can satisfy the age and citizenship requirements but still be unable to contest because of a statutory disqualification.
✅ Correct
A. Article 84 B. Article 173 C. Section 3, RPA 1951 D. Section 4, RPA 1951 E. Section 5, RPA 1951 F. Section 6, RPA 1951
A → 6
B → 2
C → 3
D → 1
E → 5
F → 4
| Issue | Provision |
|---|---|
| Parliament qualifications | Article 84 |
| State Legislature qualifications | Article 173 |
| Rajya Sabha | Section 3, RPA 1951 |
| Lok Sabha | Section 4, RPA 1951 |
| Legislative Assembly | Section 5, RPA 1951 |
| Sikkim Legislative Assembly | Section 5A |
| Legislative Council | Section 6 |
| Parliament disqualification | Article 102 |
| State Legislature disqualification | Article 191 |
| Statutory disqualification | Sections 8–10A, RPA 1951 |
| Voter | Candidate |
|---|---|
| Minimum age 18 | 25 or 30 |
| Indian citizen | Indian citizen |
| Electoral-roll registration | Applicable elector requirement |
| RPA 1950 primary framework | RPA 1951 primary framework |
| Ordinary residence relevant | Constituency residence not generally required |
| No education requirement | No general education requirement |
| Voting restrictions apply | Candidate disqualifications apply |
QUALIFICATION
↓
Citizen
+
Age
+
Oath/Affirmation
+
Elector Requirement
+
Other Statutory Conditions
↓
ELIGIBLE
BUT
DISQUALIFICATION
↓
Conviction
+
Corrupt Practice
+
Government Contract
+
Government Service Dismissal
+
Election Expense Failure
+
Other Legal Grounds
↓
BARRED
ARTICLE 84
→ PARLIAMENT
ARTICLE 173
→ STATE LEGISLATURE
SECTION 3
→ RAJYA SABHA
→ 30
SECTION 4
→ LOK SABHA
→ 25
SECTION 5
→ LEGISLATIVE ASSEMBLY
→ 25
SECTION 5A
→ SIKKIM ASSEMBLY
SECTION 6
→ LEGISLATIVE COUNCIL
→ 30
BASIC REQUIREMENTS
→ INDIAN CITIZEN
→ OATH / AFFIRMATION
→ MINIMUM AGE
→ APPLICABLE ELECTOR REQUIREMENT
→ OTHER STATUTORY QUALIFICATIONS
→ NO DISQUALIFICATION
NO GENERAL REQUIREMENT OF
→ DEGREE
→ PROPERTY
→ INCOME
KEY MEMORY
18
→ VOTE
25
→ LOWER HOUSE
30
→ UPPER HOUSE
Qualifications for candidates in India arise from both the Constitution and Parliamentary legislation. Articles 84 and 173 establish the basic constitutional framework, while Sections 3–6 of the Representation of the People Act, 1951 prescribe additional qualifications for the different Houses. The essential distinction is that candidate eligibility is not the same as voter eligibility, nomination, or absence of disqualification.
Article 84 / Article 173
↓
Citizenship + Oath + Age
↓
RPA 1951 Sections 3–6
↓
Elector + Other Statutory Qualifications
↓
No Disqualification
↓
Valid Nomination
↓
Eligible Candidate
18 years → voter; 25 years → Lok Sabha/Legislative Assembly candidate; 30 years → Rajya Sabha/Legislative Council candidate. Citizenship, prescribed oath/affirmation, applicable elector requirements and other statutory conditions must also be satisfied, while separate disqualification provisions can bar an otherwise qualified person from contesting.