Constitution Section 101 — Vacation of seats
Part V — THE UNION — Disqualifications of Members
Constitutional
Summary
A person cannot be a member of both Houses of Parliament at the same time. If someone is elected to both Houses, Parliament will make a law to decide which seat they must give up. A person also cannot be a member of Parliament and a member of a State Legislature at the same time. If someone is chosen for both, their seat in Parliament will become vacant after a period set by the President’s rules, unless they resign from the State Legislature first.
If a member of either House of Parliament becomes disqualified under certain rules, or if they resign in writing to the Chairman or Speaker and that resignation is accepted, their seat becomes vacant immediately. However, if the Chairman or Speaker believes the resignation is not voluntary or genuine, they will not accept it. Also, if a member misses all meetings of their House for sixty days without permission, the House can declare their seat vacant. Days when the House is prorogued or adjourned for more than four consecutive days do not count toward that sixty-day period.
Official Text
(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 , and if a person is chosen a member both of Parliament and of a House of the Legislature of a State, then, at the expiration of such period as may be specified in rules 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 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.