A house for Smriti Irani in Amethi: Why the House doesn’t ask for it

Union Minister for Women and Child Development Smriti Irani recently became an elector from her Lok Sabha constituency, Amethi. While the BJP is trying to make a big point of this, as well as the fact that Irani now owns a house in Amethi, a candidate is not required to be a voter or a resident of a constituency from where he or she is contesting under election rules.

Irani first contested from Amethi in 2014, but lost. In 2019, she won, defeating Congress leader Rahul Gandhi.

As per Article 84 of the Constitution, both Lok Sabha and Rajya Sabha candidates must be citizens of India. While for the Lok Sabha, they need to be at least 25 years of age, the minimum age limit for the Upper House is 30. The Article also says that the candidates should possess “such other qualifications as may be prescribed in that behalf by or under any law made by Parliament”.

The Representation of the People Act, 1951, further lays down that candidates for the Lok Sabha should be enrolled as electors, from any constituency. The nomination papers that candidates fill out require them to attach the extract of the electoral roll where they are enrolled.

Article 84 also says that on being elected, the MPs must take an oath or affirmation as per the Third Schedule, which prescribes the format of the oath.

For election to state Assemblies too, the candidates must be citizens, aged at least 25 years and be enrolled as electors.

While the Constituent Assembly discussed the issue of age and educational qualifications for MPs, it eventually left the matter for Parliament to deliberate on in the future. This was despite some members of the Assembly raising concern over a future Parliament passing a law to prescribe qualifications that might help the party in