ASKiIMAN™ ARCHIVE / INDIAN POLITY
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Vacation of Seats

Dual Membership, Resignation & Absence

PART I — DUAL MEMBERSHIP

ARTICLE 101(1)

Both Houses of Parliament

X
  • A person cannot be a member of both Houses of Parliament at the same time.
  • **RPA 1951 Rules:** If elected to both, they must intimate within **10 days** which house they wish to serve. If they default, their **Rajya Sabha seat becomes vacant**.
  • If a sitting member of one House is elected to the other House, their seat in the first House becomes vacant.
ARTICLE 101(2)

Parliament & State Legislature

X
  • A person cannot be a member of Parliament and a State Legislature simultaneously.
  • If elected to both, they must resign their seat in the State Legislature within **14 days**.
  • If they fail to do so within 14 days, their seat in **Parliament** automatically becomes vacant.

PART II — ABSENCE, RESIGNATION & OTHERS

ARTICLE 101(3)(b)

Resignation

  • A member may resign by writing to the **Chairman of Rajya Sabha** or **Speaker of Lok Sabha**.
  • The seat falls vacant when the resignation is accepted.
  • The Chairman/Speaker **may refuse to accept** it if they are satisfied, after inquiry, that the resignation is not voluntary or genuine.
ARTICLE 101(4)

Absence (60 Days)

0
  • A House can declare a seat vacant if a member is absent from all its meetings for a period of **60 days** without its permission.
  • In computing the 60 days, periods where the House is prorogued or adjourned for more than **4 consecutive days** are not counted.
OTHER CAUSES

Disqualification & Expulsion

  • **Disqualification:** Under Art 102 (Office of Profit, etc.) or the 10th Schedule (Defection).
  • **Void Election:** If the election is declared void by a court.
  • **Expulsion:** If the House expels the member for breach of privileges or contempt.
  • **President/VP/Governor:** If the member is elected President, VP, or appointed as a State Governor.
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