Why The Minimum Age For Indian MPs Must Be Brought Down To 21?

August 17, 2023

GS Paper II Indian Polity and Governance

Context:

Recently, the 132nd Report on Election Process and Reform, presented to the Rajya Sabha in August 2023, recommends reducing the minimum age for candidacy with the voting age of 18.

However, the Election Commission does not favor reducing the age requirement and feels that such age persons do not possess the necessary experience and maturity for these responsibilities.

Constituent Assembly Debate:

Date: May 18, 1949
Focus Issue: The debate was on the issue of the insertion of an Article that set guidelines for the minimum age for entering the Lok Sabha and the Rajya Sabha.
Original Proposal: 25 years for Lok Sabha and 35 years for Rajya Sabha.
Amendment Proposal by Durgabai Deshmukh: Reduction of the minimum age to enter Rajya Sabha from 35 to 30.
- Basis of this Age Reduction: Wisdom does not depend solely on age.
  - Modern education is good enough to make the youth aware towards their civic rights and duties.
  - Supported By: Socialist leader H V Kamath supported lowering the minimum age for entering either House of Parliament (age of 21).
    - Example: William Pitt entered the UK parliament at 21 and became the Prime Minister of the country at 24.
- Other Supporters:
  - Shibban Lal Saxena (arrested for organizing a hartal in Kanpur to protest the Jallianwala Bagh massacre).
  - Tajamul Hussain (barrister and two-time Rajya Sabha MP).
Outcome: Amendment accepted
- Article 84 and 173 of the Indian Constitution prescribes 25 and 30 years as the lower limit for entry into the lower and upper houses respectively at both the Centre and in State Assemblies.

Requirement of Minimum Age in India for Following Offices to Hold:

Name of the Position	Minimum Age Required
To become President of India	35
To become Vice-President of India	35
To become Prime Minister of India	25
To become Member of Rajya Sabha	30
To become Member of Lok Sabha	25
To become Governor of State	35
To become Member of Legislative Assembly	25
To become Member of Legislative Council	30
To contest for Panchayat Elections	21

Global Youth Participation:

Young people are proactive about their rights and responsibilities.
- Example: International movements such as “Fridays for Future” that advance climate change dialogue globally were started by young activists like Greta Thunberg at 15 showing youth knowledge and responsibilities.

Indian Youth Participation:

In 1979, Laxmi Shankar Ojha got elected to the Allahabad University Students Union (AUSU) at the age of 52.
- Lyngdoh Committee (2012) Recommendations: Set upper age limits for student union elections. The average age of student leaders in 2019 was 22.5 years.
Panchayat Level: Younger individuals (21 years and above) finding representation across states at the level of Village Pradhan, Member of Zilla Parishad, Block Pramukh, etc.
Parliament Representation: Decline in young MPs (25-40 years): 26% in the first Lok Sabha to 12% in the 17th Lok Sabha.

Challenges Faced by Youths:

Report by the United Nations Human Rights Council:
- Challenge in Accessing Rights: Its 2018 report highlights challenges faced by youth in accessing their civil, political, social, economic and cultural rights.
- Very Less Representation: Less than 2% of parliamentarians worldwide are under 30, indicating a lack of youth representation.
- No alignment with the Minimum Voting Age: The age of candidacy for national parliaments, and especially for higher office, is not always aligned with the minimum voting age.

Need Involvement of Youth Participation:

Innovative Ideas & Fresh Perspectives: Countries like the UK, Australia, and Canada have embraced young candidates with innovative ideas and fresh perspectives.
Raise Contemporary Issues: They tend to raise topical issues that are of contemporary relevance such as the advent of artificial intelligence, the flight of large numbers of India’s young citizens to foreign countries, and the unemployment crisis in India.
Lowering of Minimum Age Requirement: European nations such as Bulgaria, the Czech Republic, and Ireland have set lower minimum age requirements for candidates.
Impact: Greater representation brings visibility to specific issues.
- Women, SC/ST, minorities have changed discussions with representation.
Argument for Youth: 21-year-olds making decisions for our nation, serving as urban councilors or village heads, manning the borders and gallantly protecting the nation, winning accolades for us in sports, providing jobs as employers in unicorns and startups, taking decisions for their family as married adults or even as parents.
- The legal age of marriage is 21 years for men and the Prohibition of Child Marriage (Amendment) Bill, 2021 aims to legalize age of women for marriage is 21 at par with men.
- Most importantly at 21 years, our youth is voting.
- A Private Member’s Bill was introduced in the Rajya Sabha in Dec 2022.
  - It seeks to amend Article 84 and Article 173 of the Constitution to reduce the minimum age to contest elections to 21 years from the current 25 years at the Centre and state.

The Path Ahead:

Like other modern democracies worldwide, India should revisit age requirements.
- The age of candidacy has long been a topic of debate. The historical decisions laid a foundation, current global and national contexts need a re-evaluation.
It is the moment for the biggest democracy in the world to harness the energy, aspirations, and perspectives of its youth for a more inclusive, progressive, and representative democracy.

News Source: The Indian Express