Article 101 of Indian Constitution: Vacation of seats.
Article 101 – Constitution Of India
(1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation by a person who is chosen a member of both Houses of his seat in one House or the other.
(2) No person shall be a member both of Parliament and of a House of the Legislature of a State 1 ***, and if a person is chosen a member both of Parliament and of a House of the Legislature of 2 [a State], then, at the expiration of such period as may be specified in rules3 made by the President, that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.
(3) If a member of either House of Parliament— (a) becomes subject to any of the disqualifications mentioned in 4 [clause (1) or clause (2) of article 102, or (b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be, his seat shall thereupon become vacant: Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.
(4) If for a period of sixty days a member of either House of Parliament is without permission of the House absent from all meetings thereof, the House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.
Here is a more summarized form of Article 101 of Constitution Of India.
1️⃣ No Dual Membership in Lok Sabha and Rajya Sabha
- A person cannot be a member of both Houses of Parliament at the same time.
- Parliament is empowered to enact a law to ensure the vacation of one seat if a person is elected to both.
📌 Keyword: Dual membership in Parliament
2️⃣ No Dual Membership in Parliament and State Legislature
- A person cannot simultaneously be a member of Parliament and a State Legislative Assembly.
- If elected to both, they must resign from one within a specified time, as per rules made by the President.
- Failure to do so will result in the Parliament seat becoming vacant automatically.
📌 Keyword: Parliament and State Assembly seat rule
3️⃣ Disqualification and Resignation Rules
- (a) If a member is disqualified under Article 102(1) or 102(2), their seat becomes vacant.
- (b) A member can resign in writing to:
- Speaker (for Lok Sabha)
- Chairman (for Rajya Sabha)
- The seat becomes vacant only if the resignation is genuine and voluntary, as verified by the Speaker/Chairman.
📌 Keywords: Resignation from Parliament, Disqualification under Article 102
4️⃣ Absenteeism Leads to Vacancy
- If a member is absent for 60 consecutive days without permission, the House may declare the seat vacant.
- Days when the House is prorogued or adjourned for more than 4 days are not counted.
📌 Keyword: 60 days absenteeism rule in Parliament
📌 Summary Table:
| Provision | Rule/Outcome |
|---|---|
| Dual Membership (Both Houses) | Must vacate one seat via law made by Parliament |
| Parliament & State Legislature | Must resign from one within time specified by President |
| Disqualification (Art. 102) | Seat becomes vacant |
| Resignation | Must be written, accepted, and proven genuine |
| Absenteeism (60 days) | House may declare seat vacant |
🧠 Mnemonic to Remember:
“Double Seat, Disqualify, Drop Out”
- Double = No dual membership
- Seat = Resign one seat
- Disqualify = Under Article 102
- Drop Out = Absence for 60 days = potential vacancy
📚 Related Articles:
- Article 102 – Disqualifications for membership
- Article 190 – Vacation of seats in State Legislatures
❓ FAQ 1:
Q. Can a person be a member of both the Lok Sabha and the Rajya Sabha at the same time?
A. No, a person cannot be a member of both Houses of Parliament simultaneously. If elected to both, they must vacate one seat as per a law made by Parliament under Article 101(1).
❓ FAQ 2:
Q. What happens if a Member of Parliament is absent for more than 60 days?
A. If a Member of Parliament is absent from all meetings for 60 consecutive days without the House’s permission, the House may declare their seat vacant under Article 101(4). However, periods when the House is prorogued or adjourned for more than four days are not counted.
❓ FAQ 3:
Q. Is a resignation from Parliament valid immediately once submitted?
A. No, a resignation becomes valid only when it is submitted in writing and accepted by the Speaker or Chairman. If the resignation is found to be not voluntary or genuine, the Speaker/Chairman can reject it under Article 101(3)(b).