Article 84 – Qualification for Membership of Parliament

10 Min Read

Article 84 of the Constitution of India deals with the qualifications required for a person to become a member of Parliament. It lays down the basic constitutional requirements for membership of either the Rajya Sabha or Lok Sabha.

The Article primarily deals with citizenship, age, oath or affirmation, and other qualifications prescribed by Parliament.

Meaning of Article 84

Article 84 provides that a person shall not be qualified to be chosen to fill a seat in Parliament unless the person:

  • Is a citizen of India;
  • Has made and subscribed to the prescribed oath or affirmation;
  • Has attained the required minimum age; and
  • Possesses any other qualifications prescribed by Parliament by law.

The Article therefore establishes the constitutional foundation for determining who can become a Member of Parliament.

Qualifications Under Article 84

Article 84 provides two broad categories of qualifications:

Constitutional Qualifications

These are directly prescribed by the Constitution.

They include:

  • Citizenship of India;
  • Making and subscribing to the prescribed oath or affirmation;
  • Minimum age requirement.

Qualifications Prescribed by Parliament

Article 84(c) allows Parliament to prescribe additional qualifications through legislation.

Parliament has exercised this power through laws such as the Representation of the People Act, 1951.

Citizenship

Under Article 84(a), a person must be a citizen of India to qualify for membership of Parliament.

Therefore, a person who is not an Indian citizen cannot become a Member of Parliament.

Oath or Affirmation

Article 84(b) requires a person seeking membership of Parliament to make and subscribe to an oath or affirmation according to the form set out in the Constitution’s Third Schedule.

The oath or affirmation includes a commitment to:

  • Bear true faith and allegiance to the Constitution of India; and
  • Uphold the sovereignty and integrity of India.

When Is the Oath Taken?

The constitutional oath or affirmation required for membership is connected with Article 99, which deals with oath or affirmation by members of Parliament.

Article 84 establishes the qualification requirement, while Article 99 provides for the oath or affirmation before taking a seat.

Minimum Age

Article 84(c) establishes different minimum ages for membership of the two Houses.

Rajya Sabha

A person must be at least 30 years of age to be qualified for election to Rajya Sabha.

Lok Sabha

A person must be at least 25 years of age to be qualified for election to Lok Sabha.

Therefore:

Rajya Sabha → 30 years

Lok Sabha → 25 years

This is one of the most important points under Article 84.

Why Is the Age Requirement Different?

Rajya Sabha is intended to provide a chamber with greater experience and continuity, while Lok Sabha is the directly elected House representing the people.

The Constitution therefore prescribes a higher minimum age for membership of Rajya Sabha.

Other Qualifications Prescribed by Parliament

Article 84(c) also allows Parliament to prescribe additional qualifications by law.

The Representation of the People Act, 1951 contains additional provisions concerning qualifications and disqualifications for membership of Parliament.

Therefore, Article 84 should not be read as containing the complete set of eligibility requirements.

Article 84 and Representation of the People Act, 1951

The Representation of the People Act, 1951 provides additional statutory requirements concerning parliamentary elections.

For example, the law contains provisions relating to:

  • Qualifications;
  • Disqualifications;
  • Electoral rolls;
  • Election procedures; and
  • Other matters concerning elections to Parliament.

Thus:

Article 84 → Constitutional qualifications

Representation of the People Act, 1951 → Additional statutory framework

Article 84 and Article 83

These two Articles concern different aspects of Parliament.

Article 83 → Duration of Houses of Parliament

Article 84 → Qualifications for membership of Parliament

Article 83 tells us how long the Houses continue, while Article 84 establishes basic eligibility for becoming a member.

Article 84 and Article 80

Article 80 deals with the composition of Rajya Sabha.

Article 84 deals with qualifications for membership of Parliament.

Therefore:

Article 80 → Composition

Article 84 → Qualifications

Article 84 and Article 81

Article 81 deals with the composition of Lok Sabha.

Article 84 specifies the basic qualifications required for a person to become a member of either House.

Article 84 and Article 102

Article 84 deals with qualifications for membership.

Article 102 deals with disqualifications for membership of Parliament.

This distinction is important:

Article 84 → Who can qualify

Article 102 → Circumstances that can disqualify a person

Article 84 and Article 99

Article 84 requires a person to make and subscribe to the prescribed oath or affirmation.

Article 99 specifically deals with the oath or affirmation by Members of Parliament.

Therefore, these provisions are closely connected.

Constitutional Law Notes

Article 84 and Article 103

Article 103 deals with questions concerning disqualification of Members of Parliament.

If a question arises regarding whether a sitting member has become subject to a disqualification under Article 102, the President decides the question after obtaining the opinion of the Election Commission.

Is Educational Qualification Required?

The Constitution does not prescribe a minimum educational qualification for becoming a Member of Parliament.

There is no requirement under Article 84 that an MP must possess a particular degree or level of formal education.

Is There a Minimum Income Requirement?

No.

Article 84 does not prescribe any minimum income, wealth or financial qualification for becoming an MP.

Can a Person With No Political Experience Become an MP?

Yes.

Article 84 does not require prior political experience.

A person who satisfies the constitutional and statutory eligibility requirements can contest an election to Parliament.

Can a Non-Citizen Become an MP?

No.

Indian citizenship is an essential constitutional qualification under Article 84.

Age Requirements at a Glance

HouseMinimum Age
Lok Sabha25 years
Rajya Sabha30 years

The difference in age is a commonly tested feature of Article 84.

Article 84 at a Glance

RequirementConstitutional Position
ArticleArticle 84
SubjectQualification for membership of Parliament
CitizenshipMust be a citizen of India
Oath/AffirmationRequired
Lok Sabha minimum age25 years
Rajya Sabha minimum age30 years
Additional qualificationsMay be prescribed by Parliament
Related lawRepresentation of the People Act, 1951
Oath by MPsArticle 99
DisqualificationArticle 102

Importance of Article 84

1. Establishes Basic Eligibility

It sets the constitutional requirements for becoming an MP.

2. Protects Parliamentary Membership

The citizenship requirement ensures that parliamentary representation is restricted to Indian citizens.

3. Provides Different Age Requirements

It distinguishes the minimum age for Lok Sabha and Rajya Sabha membership.

4. Connects Constitution With Election Law

It permits Parliament to prescribe additional qualifications through legislation.

5. Ensures Constitutional Allegiance

The oath or affirmation requirement reinforces allegiance to the Constitution and the sovereignty and integrity of India.

Common Confusions

What Does Article 84 Deal With?

It deals with the qualifications for membership of Parliament.

What Is the Minimum Age for Lok Sabha?

25 years.

What Is the Minimum Age for Rajya Sabha?

30 years.

Must an MP Be an Indian Citizen?

Yes.

Is a College Degree Required to Become an MP?

No.

The Constitution does not prescribe any minimum educational qualification.

Is Political Experience Required?

No.

Does Article 84 Deal With Disqualifications?

No. Disqualifications are primarily dealt with under Article 102 and relevant election laws.

Which Law Prescribes Additional Qualifications?

Parliament has prescribed additional requirements through laws including the Representation of the People Act, 1951.

Quick Revision

  • Article 84 → Qualifications for membership of Parliament.
  • Person must be a citizen of India.
  • Person must make and subscribe to the prescribed oath or affirmation.
  • Lok Sabha → Minimum age 25 years.
  • Rajya Sabha → Minimum age 30 years.
  • Parliament may prescribe additional qualifications by law.
  • Article 80 → Composition of Rajya Sabha.
  • Article 81 → Composition of Lok Sabha.
  • Article 83 → Duration of Houses.
  • Article 99 → Oath or affirmation by Members of Parliament.
  • Article 102 → Disqualifications for membership.
  • No minimum educational qualification is prescribed by the Constitution.

Conclusion

Article 84 establishes the basic constitutional qualifications for membership of Parliament. A person must be an Indian citizen, fulfil the oath or affirmation requirement, satisfy the applicable minimum age and meet any additional qualifications prescribed by Parliament.

The most important distinction is the age requirement:

Lok Sabha → 25 years

Rajya Sabha → 30 years

Article 84 therefore forms an important part of the constitutional framework governing eligibility for membership of India’s Parliament.

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