Right to contest elections
Topic: Elections and the Electoral System · NCERT: Class 11, Ch 3 "Election and Representation"
Meaning
The right to contest elections means any citizen can stand for election if they meet the conditions and are not disqualified. The candidate must take an oath. The minimum age is 25 for the Lok Sabha and assemblies, and 30 for the Rajya Sabha and legislative councils (Arts. 84 and 173). There is no condition of income, education or gender. It is a statutory right, given by law, not a fundamental right (Javed v. State of Haryana, 2003). So Parliament can add conditions and disqualifications.
Example
A 26-year-old citizen can contest a Lok Sabha seat but not a Rajya Sabha seat. They can stand in at most two constituencies (s.33(7)) and must pay a deposit of ₹25,000 (₹12,500 for SC/ST candidates).
Don't confuse with
- Right to vote: also statutory, but it starts at 18 under Art. 326. The act of voting is treated as a form of expression under Art. 19(1)(a) (PUCL).
Related concepts
- Representation of the People Act 1951
- Conduct of Election Rules 1961
- Section 8A of the RPA 1951
- Section 9A of the RPA 1951
- Section 10A of the RPA 1951
- Section 11 of the RPA 1951
- Contesting from two constituencies
- By-election
- Election petition
- N.P. Ponnuswami case