In addition to the Indian Constitution The Representation Of The People Act 1951 has laid down vario...........

Indian Polity State Legislature

In addition to the Indian Constitution, The Representation Of The People Act, 1951 has laid down various provisions for qualification of members of the Legislative Councils. In this context, consider the following statements :

(1) A person must be a resident of the State in order to get nominated by the Governor for the State Legislative Council of the State concerned.

(2) A person must be an elector for an Assembly Constituency of the State in order to get elected to the Legislative Council of the State concerned.

Which of the statements given above is/are correct?

1 Only

2 Only

Both 1 and 2

Neither 1 nor 2

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Explanation:

Article 169 of the Constitution of India provides for the establishment of a Legislative Council/ Vidhan Parishad/ Upper House in a State. The constitutional provisions under Article 173 for qualification of members of the Legislative Council include that he:

(a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule;
(b) Is not less than thirty years of age; and
(c) Possesses such other qualifications as may be prescribed in that behalf by or under any law made by the Parliament.

As per section 6(2) of The Representation of the People Act,1951, a person shall not be qualified to be chosen to fill a seat in the Legislative Council of
a State to be filled by nomination by the Governor unless he is ordinarily resident in the State.
As per section 6(1) of The Representation of the People Act,1951, a person shall not be qualified to be chosen to fill a seat in the Legislative Council of
a State to be filled by election unless he is an elector for any Assembly constituency in that State.