Section 6: Qualifications for Membership of a Legislative Council

Section 6 of the Representation of the People Act, 1951 (Act 43 of 1951) prescribes different eligibility requirements for persons seeking an elected seat and persons considered for nomination by the Governor to a State Legislative Council. It must be read with the Constitution and other applicable election-law qualifications and disqualifications.

Text of Section 6

Legislative history: The words "or the Rajpramukh, as the case may be" following "Governor" were omitted by the Adaptation of Laws (No. 2) Order, 1956.

Meaning of Section 6(1): Elected membership

For an elected seat in a State Legislative Council, the candidate must be an elector in any Legislative Assembly constituency of the same State. This does not require the candidate to be registered in the particular Council constituency from which the candidate seeks election. The electoral-roll status and other nomination requirements remain subject to applicable election law.

In this context, an elector is a person whose name is entered in the relevant electoral roll and who is not subject to the applicable statutory disqualification for voting. Electoral-roll registration is governed principally by the Representation of the People Act, 1950.

Meaning of Section 6(2): Governor's nomination

For a seat filled by nomination by the Governor, Section 6(2) instead requires the person to be ordinarily resident in the State. Ordinary residence is a legal question determined on the relevant facts and applicable electoral law; a temporary visit or mere ownership of property does not, by itself, establish ordinary residence.

Article 171(5) of the Constitution separately provides that nominated members are to be persons having special knowledge or practical experience in literature, science, art, the co-operative movement or social service.

Other constitutional requirements

Section 6 does not provide a complete, stand-alone list of qualifications. Under Article 173 of the Constitution, a candidate must, among other requirements, be a citizen of India, make the prescribed oath or affirmation, and be at least 30 years of age for membership of a Legislative Council. Disqualifications under Article 191 and the applicable provisions of the Representation of the People Act, 1951, including Sections 7 to 10A where relevant, must also be considered.

Difference between elected and nominated seats

• Elected seat: The candidate must be an elector for an Assembly constituency in that State under Section 6(1).
• Nominated seat: The candidate must be ordinarily resident in the State under Section 6(2), and the constitutional provisions governing nomination also apply.
• Both: Other applicable constitutional qualifications and statutory disqualifications continue to apply.

Official legal references

Consult the Representation of the People Act, 1951 (India Code), the Election Commission of India - Election Laws, and the Constitution of India (Legislative Department) for authoritative statutory and constitutional materials.

This article explains the general statutory position. Specific eligibility depends on the law and facts applicable at the time of nomination or election.