Part V - Parliament • Article

Article 101 Simplified: Vacation of seats

This article lists when an MP's seat becomes empty: 1) If they are elected to both Houses (they must pick one). 2) If they are elected to both Parliament and a State Assembly. 3) If they resign. 4) If they are absent for 60 days without permission.

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.

Simple Meaning

Explain Like Ten

Article 101 says that a politician cannot hold two seats at the same time. If they are elected to both Houses, or if they resign, their seat becomes empty.

Student Mode

Specifies the conditions under which a Member of Parliament's seat becomes vacant, including double membership, disqualification, resignation, or absence without leave for 60 days.

Example

If an MP goes missing or just doesn't show up for 60 consecutive days of meetings without telling the Speaker, the House can declare their seat vacant under Article 101.

Key Takeaway

There are strict rules against holding multiple seats or being absent.

FAQs

Can a person be a member of both Houses of Parliament?

No, Article 101(1) prohibits double membership; they must choose one.

How many days of absence without permission causes an MP's seat to be declared vacant?

60 days of consecutive absence, excluding recess periods.

Quiz

A person cannot be a member of both Houses of Parliament under which article?

Answer: Article 101

If an MP is absent without permission for how many days can their seat be declared vacant?

Answer: 60 days