There is no minimum age for entry into politics nor an age for retirement from it. Politics is a lifelong pursuit. It cuts across all other professions, services and careers, for distinction in any of them may be the passport for distinction in politics also. One may not have to hold an office in government to be acclaimed as a political leader. Mahatma Gandhi and Jai Prakash Narain did not hold offices. So many who have held offices are not particularly remembered for their impress on public life, while there are others whose contribution to local municipal corporation, trade unionism or the cooperative movement is so spectacular that they are acclaimed to have left an indelible imprint on public life in the country.
While public life starts right from membership of a village panchayat, district board, a municipality or a municipal corporation besides many other official and non-official organisations and forums in various areas of social life, I am here confining myself to the requirements for membership of a State Legislature or Union Parliament because the highest executive, namely, the Council of Ministers of the State or the Union spring from and are responsible to these elected bodies. Any one genuinely aspiring for public life naturally desires to join the highest executive some day in some capacity or other.
It will be necessary to sound a word of caution at the very outset. Public life undoubtedly offers an opening to all citizens, but those who have independent means on which they can fall back when they hold no office in government or their party is in the doldrums will be in a position of greater advantage than those who have no other source of income. A profession like the bar or medical practice also serves as a safe haven, when the party to which one belongs is in heavy weather, besides its value as a vote bank.
Entry
Member of state legislature
Legislative Assembly of every State is elected for a term of five years though it is subject to dissolution in certain circumstances before the expiry of that term. Some States have besides Legislative Assembly, another House of State Legislature called the Legislative Council. The number of members of a State Assembly vary from State to State, with a minimum of 60 members. The maximum number fixed by the Constitution is 500.
The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State as per Article 171 of the Constitution of India.
Qualifications and disqualification 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 on 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.[Article 173]
In this connection, Article 191 of the Constitution is also relevant and is reproduced below :
“191. Disqualification for membership. -
(1) A person shall be disqualified for being chosen as, and being, a member of the Legislative Assembly or Legislative Council of a State -
(a) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by Law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State or is under any acknowledgement of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
(2) For the purpose of this article, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the First Schedule by reason only that he is a Minister either for the Union or for such State.”
Special qualifications for membership of a Legislative Assembly of a State in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State, for membership of Legislative Assembly of Sikkim or membership of a Legislative Council are given in sections 5, 5A and 6 of the Representation of the People Act, 1951. These special qualifications relate to residence in the State concerned or membership of the Scheduled Castes or Scheduled Tribes of the State. There are no other qualifications.
The Representation of the Peoples Act, 1951, however, lays down certain disqualifications in section 8, 8A, 9, 9A, 10 and 10A for membership of Parliament and State Legislatures which may be briefly mentioned :
-- Disqualification on ground of corrupt practices relating to electronics for not more than 6 years.
-- Disqualification for dismissal for corruption or disloyalty to the State for 5 years from date dismissal
-- Disqualification for so long as a person is a party to a contract in the course of his trade or business with the appropriate Government for the supply of goods to, or for the execution of any works undertaken by, that Government.
-- Disqualification for three years for failure to lodge account of election expenses.
It will be seen that there is no minimum educational qualification prescribed for being a member of legislative assembly (‘MLA’)
Members of Lok Sabha
The Parliament of India consists of two Houses, the Lok Sabha and the Rajya Sabha respectively, called House of the People and Council of States. M embers of the Lok Sabha are directly elected on the basis of universal adult franchise and every citizen who has attained 18 years of age votes at the election.
After every census, the allocation of seats of the Lok Sabha for various States and Union Territories are readjusted on the basis of population. The number of seats for each State varies accordingly. The total membership of the Lok Sabha is around 550 at present each member is elected for the duration of that Lok Sabha which had a full term of 5 years unless dissolved earlier. Qualifications/disqualification for membership of Lok Sabha - Article 84 of the Constitution lays down the following qualifications for a Member of Parliament (‘MP’) belonging to the Lok Sabha:
“84.Qualifications for membership of Parliament - A person shall not be qualified to be chosen to fill a seat in Parliament unless he -
(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission on 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 Council of States (Rajya Sabha), not less than thirty years of age and in the case of a seat in the House of People (Lok Sabha), not less than twenty five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.”
In this context article 102 which is relevant may also be perused :
“102. Disqualification for membership -
(1) A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament -
(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by Law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India; or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
(2) For the purpose of this article a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.”
Besides the aforesaid qualification/disqualifications, there are some other special qualification/disqualifications given in the Representation of People Act which are applicable both to MLAs and MPs and the same have been briefly discussed in the foregoing paras.
Members of rajya sabha
Necessary qualifications/disqualifications have been discussed already in the preceding para relating to the Lok Sabha. It has been noted that the minimum age for membership of the Rajya Sabha is 35 years.
As the name indicates, MPs belonging to the Rajya Sabha represent the States and Union Territories in the Parliament of India which is a Union of States. Besides these, the Rajya Sabha also has 12 members to be nominated by the President from amongst persons having special knowledge or practical experience in respect of literature, science, art and social service. The allocation of seats in the Rajya Sabha to be filled by representative of the States and Union Territories is indicated in the Constitution and they are elected by the elected members of the Legislative Assembly of the State in accordance with the system of a single transferable vote. The total membership of the Rajya Sabhya is 250.
The Rajya Sabha is not subject to dissolution and as nearly as possible one third of the members thereof retire as soon as may be on the expiration of every second year in accordance with law made by Parliament. So normal tenure of a member of Rajya Sabha is 6 years.
