Act Number: 43

Act Name: The Representation of the People Act, 1951

Year: 1951

Enactment Date: 1951-07-17

Long Title: An Act to provide for the conduct of elections to the Houses of Parliament and to the House or Houses of the Legislature of each State, the qualifications and disqualifications for membership of those Houses, the corrupt practices and other offences at or in connection with such elections and the decision of doubts and disputes arising out of or in connection with such elections.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 5: Qualifications for membership of a Legislative Assembly.
        A person shall not be qualified to be chosen to fill a seat in the Legislative Assembly of a State unless—
             (a) in the case of a seat reserved for the Scheduled Castes or for the Scheduled Tribes of that State, he is a member of any of those castes or of those tribes, as the case may be, and is an elector for any Assembly constituency in that State;
             (b) in the case of a seat reserved for an autonomous district of Assam, 1*** he is a member of a 2[Scheduled Tribe of any autonomous district] and is an elector for the Assembly constituency in which such seat or any other seat is reserved for that district; and
             (c) in the case of any other seat, he is an elector for any Assembly constituency in that State:
             3[Provided that for the period referred to in clause (2) of article 371A, a person shall not be qualified to be chosen to fill any seat allocated to the Tuensang district in the Legislative Assembly of Nagaland unless he is a member of the regional council referred to in that article.]
Notes:
1. Certain words omitted by the North-Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974 (w.e.f. 21-1-1972).
2. Subs. by Act 47 of 1966, s. 19, for "Scheduled Tribe of that district" (w.e.f. 14-12-1966).
3. Ins. by Act 27 of 1962, s. 11 (w.e.f. 4-9-1962).
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