Suppose you have won the parliamentary elections and after that, you wish to become the Chief Minister and in a few years you win the MLA elections. That means you were a parliamentarian earlier and now you have won the MLA elections. So what will happen now? So now which house will you be a member of or how will your position be maintained, all this is given in Article 101 in the Indian Constitution, let’s read what Article 101 says:
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What Is Article 101?
Article 101 In The Indian constitution(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.
Example For Explanation: Suppose you have won the Rajya Sabha election and you are a Rajya Sabha MP as well. And then if you win the Lok Sabha election as well, the Parliament will tell you how many days you have to inform which post you are leaving. And if you do not give information within that period then the first post for which you had won the election will be cancelled. Then you will be given the post based on the new election you win.
Example 2: If a person was a Member of Parliament and he won the election of MLA, then after some days he will no longer be a Member of Parliament, he will just be an MLA.
Article 101 (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.
Example For Explanation: If you contest the state assembly election after becoming a member of parliament, it means you do not want to remain in parliament. Either you do not see as much benefit in parliament as you see in the state assembly. If this is the case and you do not inform the higher authority within 14 days, then your central post will end.
Article 101 (3)
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.
A. Becomes subject to any of the disqualifications mentioned in clause (1) of the next succeeding article; or
B. Resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, his seat shall thereupon become vacant.
Article 101 (4): If for 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.
Article 101 In The Indian Constitution (4) Explanation
If a member of either House of Parliament remains absent for 60 days then the seat in any House of the Parliament will be declared vacant. Suppose in our country the budget session takes place in March and after that, the monsoon session begins in July, then in this case, it does not mean that the seat in any House of the Parliament will be declared vacant.
