Almost similar to Lok Sabha
Qualifications
The qualifications for becoming a member of the state legislature in India are similar to those for the Lok Sabha, with some differences in age:
- Citizenship: The candidate must be a citizen of India.
- Oath or Affirmation: The candidate must make and subscribe an oath or affirmation before an authorized person.
- Age: For the legislative council, the minimum age is 30 years, while for the legislative assembly, it is 25 years.
- Other Qualifications: Parliament may prescribe additional qualifications.
Disqualifications
Like the Lok Sabha, there are disqualifications that prevent a person from being a member of the state legislature:
- Office of Profit: If the person holds any office of profit under the Union or state government (except ministerial roles or offices exempted by the state legislature).
- Mental Health: If the person is of unsound mind as declared by a court.
- Insolvency: If the person is an undischarged insolvent.
- Citizenship: If the person is not an Indian citizen, has voluntarily acquired the citizenship of a foreign state, or acknowledges allegiance to a foreign state.
- Disqualification Under Parliament Law: Any disqualification under a law made by Parliament.
Disqualification on Grounds of Defection
The Tenth Schedule of the Constitution deals with disqualification due to defection:
- The Chairman of the legislative council or the Speaker of the legislative assembly decides on disqualifications due to defection.
- The decision of the Chairman or Speaker can be subject to judicial review, as ruled by the Supreme Court in 1992.
Oath or Affirmation
Before taking a seat in the state legislature, each member must make and subscribe an oath or affirmation before the governor or an appointed person:
- The oath includes a promise to bear true faith and allegiance to the Constitution of India, uphold India's sovereignty and integrity, and faithfully discharge the duties of the office.
Vacation of Seats
A member of the state legislature must vacate their seat under the following circumstances:
- Double Membership: A person cannot be a member of both Houses of the state legislature simultaneously. If elected to both Houses, the person must choose one.
- Disqualification: A seat is vacated if the member becomes subject to any disqualification.
- Resignation: A member can resign by writing to the Chairman of the legislative council or the Speaker of the legislative assembly.
- Absence: The House can declare a seat vacant if a member is absent for 60 days without permission.
- Other Cases: Seats are vacated in cases such as voided elections, expulsion by the House, or election to higher offices such as president, vice-president, or governor.
