The Indian Express (Delhi Edition)

A house for Irani in Amethi: House does not ask for it

- DAMINI NATH

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 seat 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.

What are the requiremen­ts for a Lok Sabha candidate?

As per Article 84 of the Constituti­on, Lok Sabha and Rajya Sabha candidates must be citizens. While for the Lok Sabha, they need to be at least 25 years of age, the minimum age for the Upper House is 30.

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. raising concern over a future Parliament passing a law to prescribe qualificat­ions that might help the party in power. Given that candidates can contest from two seats, a domicile condition was not on the table.

Did Rajya Sabha once have a domicile criterion?

Originally, Rajya Sabha candidates from a state or Union territory had to “ordinarily reside” there. In 1994, then Chief Election Commission­er T N Seshan suggested non-resident candidates be prevented from contesting. But in 2003, the Atal Bihari Vajpayeele­d NDA government amended the RP Act, 1951, removing the domicile requiremen­t.

The amended Section 3 of the RP Act now says: “A person shall not be qualified to be chosen as a representa­tive of any state or Union territory in the Council of States unless he is an elector for a Parliament­ary constituen­cy (in India).” The 2003 amendment was later challenged by journalist and former Rajya Sabha MP Kuldeep Nayar, among others.

Was there a domicile condition for candidates?

While the Constituen­t Assembly discussed the issue of age and educationa­l qualificat­ions, it eventually left the matter for Parliament to deliberate on in the future. This was despite some members of the Assembly

 ?? ?? Now Amethi ‘resident’, contrasts it with Rahul
Now Amethi ‘resident’, contrasts it with Rahul

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