Article 84 of Indian Constitution: Qualification for Membership of Parliament

12/18/20233 min read

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Introduction

The Indian Constitution, adopted on 26th November 1949, outlines the framework and principles of governance for the world's largest democracy. Article 84 of the Indian Constitution establishes the qualifications required for an individual to become a member of the Parliament of India. The Parliament, consisting of the President and two houses, the Rajya Sabha (Council of States) and the Lok Sabha (House of the People), plays a crucial role in the legislative process and decision-making in the country.

Understanding Article 84

Article 84 of the Indian Constitution lays down the qualifications that an individual must possess to become a member of either the Rajya Sabha or the Lok Sabha. These qualifications are essential to ensure that the members of Parliament possess the necessary capabilities and attributes to represent the diverse interests and concerns of the Indian population.

Qualifications for Membership

The qualifications for membership of Parliament, as stated in Article 84, are as follows:

  1. The individual must be a citizen of India.
  2. The individual must be at least 30 years of age for the Rajya Sabha and at least 25 years of age for the Lok Sabha.
  3. In the case of the Rajya Sabha, the individual must possess the necessary qualifications prescribed by the Parliament through legislation.
  4. The individual must not hold any office of profit under the Government of India or the government of any state.
  5. The individual must not be of unsound mind.
  6. The individual must not be an undischarged insolvent.
  7. The individual must not have been convicted of any criminal offense involving moral turpitude and sentenced to imprisonment for at least two years.

It is important to note that these qualifications apply to both the Rajya Sabha and the Lok Sabha, with some additional requirements specific to the Rajya Sabha.

Additional Qualifications for Rajya Sabha

In addition to the qualifications mentioned above, individuals aspiring to become members of the Rajya Sabha must satisfy the following conditions:

  1. The individual must possess special knowledge or practical experience in fields such as literature, science, art, and social service.
  2. The individual must have made significant contributions to the field of literature, science, art, or social service.

These additional qualifications for the Rajya Sabha aim to ensure that the members of the upper house bring diverse perspectives and expertise to the legislative process.

Significance of Qualifications

The qualifications outlined in Article 84 serve as a means to ensure that the members of Parliament possess the necessary attributes and capabilities to effectively represent the interests of the people. By requiring individuals to be citizens of India, the Constitution emphasizes the importance of national loyalty and commitment.

The age requirements set for membership in the Rajya Sabha and the Lok Sabha aim to strike a balance between the need for experienced individuals and the inclusion of younger voices. This ensures that the Parliament represents the interests of various age groups and allows for the infusion of fresh perspectives and ideas.

The prohibition on holding any office of profit under the Government of India or any state government prevents conflicts of interest and ensures that the members of Parliament can discharge their duties without any bias or undue influence.

The disqualification of individuals of unsound mind or undischarged insolvents aims to ensure that the members of Parliament possess the mental and financial stability required to fulfill their responsibilities effectively.

The provision disqualifying individuals convicted of criminal offenses involving moral turpitude and sentenced to imprisonment for at least two years reflects the importance of maintaining the integrity and ethical standards of the Parliament.

Furthermore, the additional qualifications for Rajya Sabha members highlight the significance of expertise and contributions in specific fields. This provision ensures that the upper house benefits from the knowledge and experience of individuals who have excelled in their respective domains.

Conclusion

Article 84 of the Indian Constitution plays a vital role in establishing the qualifications required for an individual to become a member of the Parliament of India. These qualifications ensure that the members possess the necessary attributes, capabilities, and expertise to effectively represent the diverse interests and concerns of the Indian population. By upholding the principles outlined in Article 84, the Indian Parliament continues to function as a democratic institution that strives to serve the best interests of the nation and its people.