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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