In force · As amended up to 2026-08
4. Certain words omitted by Act 49 of 1951, s. 44 and Sch. IV (w.e.f. 6-9-1951).
5. Subs. by Act 27 of 1956, s. 78 for section 153 (w.e.f. 28-8-1956).
6. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for sub-section (1) (w.e.f. 1-11-1956).
(2)[1] * Upon the first constitution of the Council of States the President shall, after consultation with the Election Commission, make by order such provision as he thinks fit for curtailing the term of office of some of the members then chosen in order that, as nearly as may be, one-third of the members holding seats of each class shall retire in every second year thereafter.
2[(2A) In order that, as nearly as may be, one-third of the members may retire on the second day of April, 1958, and on the expiration of every second year thereafter, the President shall, as soon as may be after the commencement of the Constitution (Seventh Amendment) Act, 1956, after consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the terms of office of the members elected under sub-section (2) of section 147.]
(3) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor's term of office.
4. Qualifications for membership of the House of the People.— A person shall not be qualified to be chosen to fill a seat in the House of the People[9] *[10] *, unless —
(a) in the case of a seal reserved for the Scheduled Castes in any State, he is a member of any of the Scheduled Castes, whether of that State or of any other State, and is an elector for any Parliamentary constituency;
(b) in the case of a seat reserved for the Scheduled Tribes in any State (other than those in the autonomous districts of Assam), he is a member of any of the Scheduled Tribes, whether of the State or of any other State (excluding the tribal areas of Assam), and is an elector for any Parliamentary constituency;
(c) in the case of a seat reserved for the Scheduled Tribes in the autonomous districts of Assam, he is a member of any of those Scheduled Tribes and is an elector for the Parliamentary constituency
1. The words "an electoral college constituency" omitted by Act 103 of 1956, s. 66 (w.e.f. 1-1-1957).
2. The words "or the electoral college of union territory" omitted by s. 66, ibid. (w.e.f. 1-1-1957).
3. Sub-sections (5) and (7) omitted and sub-section (6) re-numbered as sub-section (5) by Act 27 of 1956, s. 3 (w.e.f. 28-8-1956).
4. Sub-section (5) omitted by Act 34 of 2019, s. 95, 96 and Sch. IV (w.e.f. 31-10-2019).
5. Subs. by Act 47 of 1966, s. 16, for the heading "QUALIFICATIONS AND DISQUALIFICATIONS FOR MEMBERSHIP" (w.e.f. 14-12- 1966).
6. Subs. by the Adaptation of Laws (No. 2) order, 1956, for s. 3 (w.e.f. 1-11-1956).
4. The word "or" omitted by s. 3 and the Sch. II, ibid. (w.e.f. 26-11-1978).
5. Cl. (b) omitted by Act 40 of 1975, s. 4 (w.e.f. 6-8-1975).
6. Ins. by s. 4, ibid. (w.e.f. 6-8-1975).
of Parliament or of the Legislative Assembly or Legislative Council of a State shall, so for as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11A of this Act as it stood immediately before the commencement of the Election Laws (Amendment) Act, 1975 (40 of 1975), as if such decision were a decision in respect of the said disqualification for voting also.]
4. Certain words omitted by Act 27 of 1956, s. 10 (w.e.f. 28-8-1956).
5. The words "or to the counting of votes" omitted by s. 10, ibid . (w.e.f. 28-8-1956).
4. The word "seconder" omitted by s. 20, ibid. (w.e.f. 28-8-1956).
5. The proviso omitted by s. 20, ibid. (w.e.f. 28-8-1956).
6. Subs. by Act 40 of 1961, s. 10, for sub-section (3) (w.e.f. 20-9-1961).
7. Subs. by Act 27 of 1956, s. 21, for section 38 (w.e.f. 28-8-1956).
8. Subs. by Act 21 of 1966, s. 8, for sub-section (2) (w.e.f. 1-8-1996).
(3) The categories mentioned in sub-section (2) shall be arranged in the order specified therein and the names of candidates in each category shall be arranged in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be prescribed].]
4. The word, figures and letter "section 55A" omitted by Act 58 of 1958, s. 27 (w.e.f. 30-12-1958).
4. Certain words omitted by Act 58 of 1958, s. 37 (w.e.f. 30-12-1958).
5. Subs. by Act 47 of 1966, s. 58, for "returning officers" (w.e.f. 14-12-1966).
6. The words "the preparation of an electoral roll" omitted by Act 58 of 1958, s. 37 (w.e.f. 30-12-1958).
7. Ins. by Act 47 of 1966, s. 59 (w.e.f. 14-12-1966).
8. Ins. by Act 21 of 1996, s. 13 (w.e.f. 1-8-1996).
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years or with fine, or with both.
(3) Notwithstanding anything contained in the Arms Act, 1959 (54 of 1959), where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have been revoked under section 17 of that Act.
(4) An offence punishable under sub-section (2) shall be cognizable.]
Source: India Code