Article 84 of the Costitution of India with Case law
Article 84 of the Constitution of India – Qualification for Membership of Parliament
Text of Article 84:
“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 authorized 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 Council of States (Rajya Sabha), not less than thirty years of age and, in the case of a seat in the House of the 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.”
Explanation of Clauses:
Clause (a): Citizenship & Oath
Must be an Indian citizen.
Must subscribe oath/affirmation under the Third Schedule before contesting elections.
Clause (b): Minimum Age
Lok Sabha (House of the People): 25 years minimum.
Rajya Sabha (Council of States): 30 years minimum.
Clause (c): Additional Qualifications
Parliament may prescribe further qualifications by law (e.g., Representation of the People Act, 1951).
Related Provisions:
Article 102 – Disqualifications for membership.
Representation of the People Act, 1951 – Elaborates on qualifications and disqualifications.
Third Schedule – Format of oaths and affirmations.
Relevant Case Laws on Article 84:
1. Rajbala v. State of Haryana (2016) 2 SCC 445
Facts: Petitioners challenged the Haryana Panchayati Raj (Amendment) Act, which imposed educational qualifications for panchayat elections.
Relevance: Supreme Court upheld the law and stated prescribing qualifications for electoral candidates does not violate constitutional rights.
Connection to Article 84: Supports the idea that Parliament/State legislatures can impose additional qualifications under Clause (c).
2. Lily Thomas v. Union of India (2013) 7 SCC 653
Facts: Concerned disqualification of MPs/MLAs upon conviction.
Relevance: While more focused on disqualification (Article 102), the case reinforces that qualifications and disqualifications are constitutionally and statutorily regulated.
3. K. Prabhakaran v. P. Jayarajan (2005) 1 SCC 754
Facts: Related to disqualification of a candidate for not disclosing pending criminal cases.
Relevance: Court emphasized the importance of transparency and integrity in candidates.
Connection: Ties back to additional qualifications under laws framed via Article 84(c).
Summary:
Article 84 lays down the minimum qualifications to contest elections to Parliament:
Indian citizenship,
Age limit (25 for Lok Sabha, 30 for Rajya Sabha),
Other qualifications as per law.
It provides a framework ensuring that only individuals who meet constitutional and legal standards are eligible to represent the people. The judiciary has consistently upheld the validity of imposing reasonable additional qualifications for ensuring the integrity of elected representatives.
RELATED Blog
0 comments