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What is Article 173 of Indian constitution

 

What is Article 173 of Indian constitution

Article 173 of the Indian Constitution

Title: Qualification for membership of the State Legislature


🔹 Text Summary of Article 173:

Article 173 lays down the eligibility criteria for becoming a Member of the Legislative Assembly (MLA) or Member of the Legislative Council (MLC) in a state.


📌 Key Provisions of Article 173:

To be qualified as a Member of a State Legislature, a person must:

Requirement Details
✅ Citizenship Must be a citizen of India
✅ Oath or Affirmation Must subscribe to an oath or affirmation under the Constitution (as per 3rd Schedule)
✅ Age (MLA) At least 25 years old for Legislative Assembly (Vidhan Sabha)
✅ Age (MLC) At least 30 years old for Legislative Council (Vidhan Parishad)
✅ Other qualifications Must fulfill any other qualifications prescribed by Parliament by law (e.g., Representation of the People Act, 1951)

❌ Disqualifications Not Included Here:

Disqualifications are dealt with under:

  • Article 191 – Office of profit, unsound mind, etc.

  • 10th Schedule – Anti-defection law


🧠 Key Takeaways:

  • Article 173 is similar to Article 84 (qualifications for MPs).

  • It sets minimum eligibility, but disqualifications are listed elsewhere.

  • Ensures candidates are mature and legally committed to uphold the Constitution.


⚖️ Related Articles:

Article Subject
84 Qualification for MP (Lok Sabha/Rajya Sabha)
191 Disqualifications for MLAs and MLCs
173 + RPA 1951 Together form full eligibility and disqualification criteria