The Constitution of India
Article 84
Qualification for membership of Parliament
A person shall not be qualified to be chosen to fill a seat in Parliament 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 Council of States, not less than thirty years of age and, in the case of a seat in the House of the People, not less than twenty-five years of age; and
(c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.
Why this exists
The Constitution's framers wanted Parliament to be made up of Indian citizens who are old enough to have some life experience and judgment, and who formally commit themselves to the Constitution through an oath before taking on lawmaking power. By allowing Parliament to add further qualifications through ordinary law (clause (c)), the framers kept the door open for future refinements—such as requirements later added by the Representation of the People Act, 1951—without needing to amend the Constitution itself.
How courts read it
Courts have generally treated the age and citizenship requirements as straightforward and non-negotiable. Much of the litigation around parliamentary qualifications has actually focused on disqualifications under Article 102 and the Representation of the People Act (such as conviction for crimes or holding an office of profit) rather than Article 84 itself. Courts have also emphasized that the oath under clause (a) is not a mere formality but a mandatory step—failing to take it properly before assuming the seat can affect whether a person validly holds office.
Common misconceptions
- Myth: Taking the oath is just a symbolic formality that happens automatically.
Fact: The oath under Article 84(a) must actually be made and subscribed before an authorized person in the exact form given in the Third Schedule; skipping or improperly performing it affects a member's ability to validly sit and vote. - Myth: Article 84 lists every possible qualification and disqualification for MPs.
Fact: Article 84 gives only the core constitutional qualifications; many additional qualifications and disqualifications (like criminal convictions or holding an office of profit) come from laws Parliament passes under clause (c) and from Article 102.