Section 6 of The Representation of the People Act, 1951
Qualifications for membership of a Legislative Council.
- (1)A person shall not be qualifled 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.
- (2)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 1*** unless he is ordinarily resident in the State.
Summary
- To be elected to a State Legislative Council, a person must be a registered voter for any Assembly constituency in that State.
- If a person is being nominated to the Legislative Council by the Governor, they must be a regular resident of that State.
- This section distinguishes between council members chosen through election and those chosen through nomination.
Practical examples
FAQ
1. What is the residency requirement for a Governor's nominee under Section 6 of the Representation of the People Act, 1951?
Section 6 of the Representation of the People Act, 1951, requires that a person nominated by the Governor to a Legislative Council must be ordinarily resident in that State.
2. Does a candidate for an elected Council seat need to be a voter in a Council constituency under the Representation of the People Act, 1951?
No, Section 6 of the Representation of the People Act, 1951, says they must be an elector, or registered voter, for any Assembly constituency in that State.
3. How does Section 6 of the Representation of the People Act, 1951, differ for elected and nominated members?
For elected members, the requirement is being an Assembly voter in the State, while for nominated members, the requirement is being ordinarily resident in the State.
Test yourself
1.Under Section 6 of the Representation of the People Act, 1951, a person elected to a State Legislative Council must be an elector for:
2.According to Section 6 of the Representation of the People Act, 1951, what is the requirement for a person nominated to the Legislative Council by the Governor?
3.Comparing Section 5 and Section 6 of the Representation of the People Act, 1951, which is true regarding elected members?
4.Under Section 6 of the Representation of the People Act, 1951, if a person is a voter in Delhi, can they be elected to the Legislative Council of Uttar Pradesh?