Article 101

Vacation of Parliamentary Seats and Dual Membership

Official heading: “Vacation of seats”

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Source edition: The Constitution of India (as on 1 May 2026)
Source locator: Part V, Article 101, printed pages 44–46
Last human source-link check: Not yet checked
Last human legal review: Not yet reviewed

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1. In One Sentence

Article 101 prevents simultaneous membership in both Houses of Parliament or in a State Legislature, and provides rules for seat vacancy through resignation, disqualification, or prolonged absence.

2. What It Means in Everyday Language

Article 101 establishes the foundational rules against dual membership to maintain the integrity of legislative representation. A person cannot simultaneously serve as a member of both the Lok Sabha and the Rajya Sabha, nor can they hold seats concurrently in Parliament and a State Legislative Assembly.

Clause (2) directs that if an individual is elected to both Parliament and a State Legislature, their seat in Parliament automatically falls vacant after a specified period unless they have previously resigned from the State Legislature, governed by the Prohibition of Simultaneous Membership Rules, 1950.

Clause (3) states that an MP's seat becomes vacant if they incur disqualification under Article 102 or resign their seat in writing to the Speaker or Chairman. Following the Thirty-third Amendment (1974), the presiding officer must satisfy themselves through inquiry that a resignation is voluntary and genuine before accepting it.

Clause (4) allows the House to declare an MP's seat vacant if they remain absent from all meetings for sixty consecutive days without permission, excluding periods of prorogation or adjournments exceeding four consecutive days.

3. Practical Illustrative Example

Everyday Scenario:

A sitting Member of the Legislative Assembly (MLA) contests and wins a seat in the Lok Sabha during general elections.

Core takeaway: Under Article 101(2) and presidential rules, the member must resign from the State Assembly within fourteen days; otherwise, their newly won parliamentary seat automatically falls vacant.

Illustrative Notice: Resigning an existing legislative seat must follow formal constitutional procedure and be voluntarily accepted by the Speaker of that assembly.

4. Important Limits, Qualifications & Exceptions

Article 101 governs parliamentary vacancies, preventing conflicting constitutional allegiances and curbing absenteeism.

Strict ban on dual membership across Houses and across Union-State legislatures.
Automatic vacancy upon incurring constitutional disqualifications under Article 102.
Presiding officer scrutiny: Resignations can be rejected if found to be coerced or involuntary.
Sixty-day absence threshold: Discretionary power of the House to declare a seat vacant.

5. Operative Constitutional 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.

Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata

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Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 101, printed pages 44–46 • Human source-link check pending
Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource