Vacation of seats
Article 101 — Vacation of seats
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 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.
Plain English Summary
This article explains the situations when a seat in the Parliament of India becomes empty or vacant. It sets out rules for when a person loses their seat, such as if they hold seats in both Parliament and a State Legislature, or if they resign from their parliamentary seat. It also provides a mechanism for declaring a seat vacant if a member is absent without permission for a long time.
Key Points
- Parliament must make laws to define how seats become vacant.
- A person cannot be a member of both Parliament and a State Legislature simultaneously, or if they are, their Parliamentary seat becomes vacant unless they resigned from the State Legislature.
- A seat becomes vacant if a member faces disqualifications under Article 102 or resigns by writing to the Chairman or Speaker (subject to verification that the resignation is genuine).
- If a member is absent without permission for sixty days, the House can declare their seat vacant.
Why It Matters
This article ensures that parliamentary representation remains valid by establishing clear legal procedures for removing members from their seats under specific circumstances, maintaining the integrity of the legislative body.
Landmark Judgements
No major landmark judgements.