ASKiIMAN™ ARCHIVE / INDIAN POLITY
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MLA

Qualifications of MLAs

State Legislature, Eligibility & The Office of Profit

PART I — THE BASELINE (QUALIFICATIONS)

ARTICLE 173

Constitutional Eligibility

  • Must be a **citizen of India**.
  • Must make and subscribe to an **oath or affirmation** before an EC authorized person.
  • **Age limit:** Not less than **25 years** for the Legislative Assembly (Vidhan Sabha) and **30 years** for the Legislative Council (Vidhan Parishad).
RPA 1951

Statutory Requirements

  • Must be an elector (registered voter) for an assembly constituency **in the concerned state**.
  • To contest a seat reserved for SCs or STs, the candidate must belong to a Scheduled Caste or Scheduled Tribe of that state.
  • *(A member of SC/ST can also contest a general/unreserved seat).*

PART II — THE FILTERS (DISQUALIFICATIONS)

ARTICLE 191

Constitutional Disqualifications

  • Holds an **Office of Profit** under the Union or State government (unless exempted by state law).
  • Is of **unsound mind** and stands so declared by a competent court.
  • Is an **undischarged insolvent** (bankrupt).
  • Is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State.
  • *Note: The Governor decides these cases based on the binding advice of the Election Commission.*
SEPARATION OF POWERS

Office of Profit

  • **Core Concept:** A legislator's duty is to hold the Executive (government) accountable. If they hold a salaried position ("profit") under the Executive, their independence is compromised.
  • **Exception:** A sitting Minister (Union or State) is constitutionally exempt; holding a ministerial portfolio is *not* an office of profit.
  • State Legislatures can pass specific laws declaring that certain offices do not incur disqualification.
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