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Constitution of India · Part VI: The States · General

Article 173: Qualification for membership of the State Legislature

In plain words

To be a member of a State Legislature, a person must be a citizen of India and take the oath or affirmation in the Third Schedule before a person authorised by the Election Commission. They must be at least twenty-five years of age for the Legislative Assembly and thirty years of age for the Legislative Council, and meet any other qualifications Parliament sets.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he— [(a) is a citizen of India, and makes and subscribes before some person authorised 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 Legislative Assembly, not less than twenty-five years of age and, in the case of a seat in the Legislative Council, not less than thirty years of age; and

(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the article 173