The Indian Express (Delhi Edition)
A house for Irani in Amethi: House does not 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 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