Article 101 of the Indian Constitution deals with the vacation of seats in Parliament. It outlines various scenarios under which a Member of Parliament (MP) ceases to hold their seat. These scenarios include becoming subject to disqualifications mentioned elsewhere, resigning, being absent without permission, and the specific situation addressed in clause (2) regarding simultaneous membership.
Clause (2) of Article 101 tackles the unique situation where an individual is elected simultaneously to both the Union Parliament and a State Legislature. It lays down a clear rule and mechanism to prevent such dual membership, ensuring that a person holds a seat in only one legislative body, either at the central or state level.
Original Text
(2) 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.
Detailed Explanation
Article 101(2) addresses the situation where an individual gets elected to both the Union Parliament (either Lok Sabha or Rajya Sabha) and a House of the Legislature of a State (either the Legislative Assembly or the Legislative Council, where it exists). The Constitution prohibits a person from holding membership in both these legislative bodies simultaneously.
The clause mandates that if someone is elected to both, they must make a choice between their Parliament seat and their State Legislature seat. The mechanism for this choice and the consequence of not choosing are specified. The President is empowered to make rules to specify the period within which this choice must be made. These rules, known as the Prohibition of Simultaneous Membership Rules, 1950 (as amended), specify a period of 14 days from the date on which the person is published in the Gazette of India or the State Gazette as having been chosen for both seats, whichever is later.
If, within the period specified by these rules, the person does not resign their seat in the State Legislature, their seat in Parliament automatically becomes vacant upon the expiry of that period. The provision is structured such that the default outcome of inaction is the vacation of the Parliament seat. This places the onus on the individual to relinquish their state seat if they wish to retain their seat in Parliament. Conversely, if they resign their state seat within the stipulated period, they retain their Parliament seat. The purpose of this provision is to maintain clarity regarding a legislator’s primary allegiance and focus, preventing potential conflicts of interest or overburdening the legislator with responsibilities at two distinct levels of governance.
Detailed Notes
- Prohibits a person from being a member simultaneously of:
- Parliament (Lok Sabha or Rajya Sabha) AND
- A House of the Legislature of a State (Legislative Assembly or Legislative Council).
- Applies when a person is chosen (elected or nominated) to both bodies.
- A choice must be made between the two seats.
- The period within which the choice must be made is specified in rules made by the President.
- Current rules (Prohibition of Simultaneous Membership Rules, 1950) specify 14 days from the date of gazette notification of election to both houses (whichever is later).
- If the person does not resign their seat in the State Legislature within the specified period:
- Their seat in Parliament automatically becomes vacant.
- This occurs upon the expiration of the specified period.
- If the person resigns their seat in the State Legislature within the specified period:
- They retain their seat in Parliament.
- The default consequence of inaction is vacation of the Parliament seat.
Additional Comments
- This provision ensures that a legislator dedicates their time and effort to a single legislative body, either at the Union or State level, avoiding divided loyalties and potential conflicts of interest.
- The power to make rules specifying the period lies with the President, reflecting the need for a uniform approach across all states and both houses of Parliament. The rules are made in consultation with the Election Commission.
- This article highlights one specific ground for vacation of a seat in Parliament, distinct from disqualification under Article 102 or resignation under Article 101(3)(b).
- A similar provision exists in Article 190(2) for members of a State Legislature who are also chosen for Parliament, providing a reciprocal rule from the state perspective (their state seat vacates if they don’t resign their Parliament seat within the specified period).
Summary
Article 101(2) of the Indian Constitution prevents an individual from holding membership in both the Union Parliament and a State Legislature simultaneously. If a person is elected to both, they must resign their seat in the State Legislature within a period specified by rules made by the President. Failure to resign the State Legislature seat within this period results in the automatic vacation of their seat in Parliament. This rule ensures that a legislator serves in only one capacity, either at the central or state level.