Qualification for Membership of Parliament (Article 84)

At a Glance

• What it is The conditions to be chosen a member of Parliament
• Article Article 84, with the Representation of the People Act, 1951
• Age 30 years for the Rajya Sabha; 25 for the Lok Sabha
• Oath Before a person authorised by the Election Commission
• Exam link UPSC Prelims, Polity: Parliament

Where Does It Fit?

This is the third topic of the category on Parliament. The Constitution lays down basic qualifications and empowers Parliament to prescribe more, which it has done in the Representation of the People Act, 1951.

Constitutional Qualifications

1. The person must be a citizen of India.
2. The person must make and subscribe to an oath or affirmation before the person authorised by the Election Commission, swearing to bear true faith and allegiance to the Constitution and to uphold the sovereignty and integrity of India.
3. The person must be not less than 30 years of age for the Rajya Sabha and not less than 25 years for the Lok Sabha.
4. The person must possess other qualifications prescribed by Parliament.

Qualifications Added by Parliament

The Representation of the People Act, 1951 adds that the person must be registered as an elector for a parliamentary constituency, same for both Houses. The earlier requirement that a candidate for the Rajya Sabha from a state must be an elector in that state was dispensed with in 2003, and in 2006 the Supreme Court upheld the constitutional validity of this change. A person who wants to contest a seat reserved for the scheduled castes or scheduled tribes must be a member of a scheduled caste or scheduled tribe in any state or Union territory; a member of those categories can also contest a non-reserved seat.

Oath or Affirmation

Every member, before taking a seat, must make and subscribe to an oath or affirmation before the President or some person appointed by the President. The member swears to bear true faith and allegiance to the Constitution, to uphold the sovereignty and integrity of India and to faithfully discharge the duty upon which the member is about to enter. Unless a member takes the oath, the member cannot vote or participate in the proceedings and does not become eligible for parliamentary privileges and immunities. A person is liable to a penalty of Rs 500 for each day of sitting or voting before taking the oath, when knowing that he or she is not qualified or is disqualified, or when prohibited from sitting or voting by any parliamentary law.

Dealing with Double Membership

A person cannot be a member of both Houses at the same time. If a person is elected to both, he or she must intimate within 10 days the House in which he or she desires to serve; failing that, the Rajya Sabha seat becomes vacant. If a sitting member of one House is elected to the other, the seat in the first House becomes vacant. A person elected to two seats in the same House must opt for one, otherwise both fall vacant. A person cannot be a member of both Parliament and a state legislature either: if elected to both, the seat in Parliament becomes vacant unless the state seat is resigned within 14 days. These rules support the working of the qualification provisions.

Salaries and Allowances

Members of either House are entitled to salaries and allowances determined by Parliament. The Constitution does not provide a pension, but Parliament provided one in 1976. Parliament enacted the Salary, Allowances and Pension of Members of Parliament Act in 1954. In 2018 the salary was increased from Rs 50,000 to Rs 1,00,000 per month, the constituency allowance from Rs 45,000 to Rs 70,000, and the office expenses allowance from Rs 45,000 to Rs 60,000, and the pension was increased from Rs 20,000 to Rs 25,000 per month. In 2010 the daily allowance was raised from Rs 1,000 to Rs 2,000 per day of residence on duty. Members also get travel facilities, free accommodation, telephone, medical facilities and a vehicle advance.

Why Is This Topic Important?

• Age facts Frequently asked
• 2003 change Rajya Sabha residence requirement dropped
• Link to disqualifications Leads to 16.14

What Came Next?

The next topic covers sessions, prorogation and dissolution of Parliament.

Key People and Terms

• Qualification Condition to be chosen
• Elector Registered voter
• Oath Pledge to the Constitution
• Constituency allowance Allowance for constituency work
• Reserved seat For SCs and STs

Exam Corner

Mains Angle

Questions on this topic usually ask about qualification norms. Use these points to add depth.

• Constitutional and statutory Parliament adds conditions
• Rajya Sabha residence 2003 amendment upheld in 2006
• Oath Without it no vote
• Allowances Fixed by Parliament