## CONSTITUTION 101

### CONSTITUTION 101 — Vacation of seats
- https://unisonlegal.in/statutes/constitution/101

> 101. Vacation of seats.- (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.

1. Cls. (3) and (4) omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 18 (date not
notified). This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978,
s. 45 (w.e.f. 20-6-1979).
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(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 2[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
3[clause (1) or clause (2) of article 102]; or
4[(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:
5[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.

1. The words and letters "specified in Part A or Part B of the First Schedule" omitted by
the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by s. 29 and Sch., ibid., for "such a State" (w.e.f. 1-11-1956).
 See the Prohibition of Simultaneous Membership Rules, 1950, published with the
Ministry of Law, notifn. No. F. 46/50-C, dated the 26th January, 1950, Gazette of India,
Extraordinary, P. 678.
3. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 2, for "cl. (1) of art.
102" (w.e.f. 1-3-1985).
4. Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 2 (w.e.f. 19-5-1974).
5. Ins. by s.2, ibid. (w.e.f. 19-5-1974).
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