LAW RESOURCE INDIA

Change age limit for MP and MLA election to 21, says PIL

Posted in CONSTITUTION, DEMOCRACY, ELECTION LAW, LEGISLATURE, PIL by NNLRJ INDIA on January 19, 2010

TIMES OF INDIA 19 JANUARY 2010

NEW DELHI: Why not change the age limit for contesting the Lok Sabha and assembly elections to 21 years from the stipulated 25 years, when the age for voting has been reduced from 21 years to 18 years?

On Monday, this question from a PIL by one Kumar Gaurav left a Supreme Court Bench comprising Chief Justice K G Balakrishnan and Justices R V Raveendran and Deepak Verma thinking for a while. But, it countered the petitioner by asking: “What is the hurry? Why not have some experience of politics before entering the fray?”

Well the counsel for the petitioner was not to be deterred and said it was the people’s fundamental right to choose a profession and politics has become one. He said most of the countries around the world have reduced the age limit for people’s representatives to 18 years and India should follow suit.

The Bench said: “But this would require amendments to several Articles of the Constitution which prescribe the age limit. Can the Supreme Court do it? We do not have powers to reduce the minimum age stipulated for persons to contest Lok Sabha or assembly elections.”

When the petitioner insisted that the Supreme Court could do so by forcing the government to think about it, the Bench, in a lighter vein, said: “If we had the powers to force an amendment to the Constitution, then the first thing we probably would have done is to amend the retirement age of judges from 65 to 80 years.”

Though it dismissed the PIL, the factual position in various countries supported its stand, except probably in US where one has to be 25 years to be a Representative and 30 to be a Senator.  In UK, anyone over the age of 18 years can stand for election to Parliament. The age was reduced from 21 years by the Electoral Administration Act of 2006. The position is identical in Australia, Austria, Canada, Denmark and Germany. However, in Canada one has to be 30 years to be a Senator.

Source : http://timesofindia.indiatimes.com/india/Change-age-limit-for-MP-and-MLA-election-to-21-says-PIL/articleshow/5474126.cms

2 Responses

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  1. Mohit Gaur said, on April 26, 2010 at 20:10

    It is essential that at least 1 or 2 years relaxation for the lower age limit should be provided to young blood of the INDIA. Today a student became graduate at the age of 21 app. and if he didn’t belong to a family who has political background then it become quite difficult for him to give 4 years to done the debut in politics. Because he has also to lookup for his family.

    If someone say that experience is essential to sustain in the politics, then there are many aged leaders to give experience. The thing i know is that because of the present age limit (LOWER)* INDIA will lose many great leaders…

    The great political leaders should also understand it.

  2. Kumar Gaurav said, on August 15, 2010 at 19:27

    Thamk you for your support mr mohit.


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