Actual Article
Article 101: Vacation of seats
- Dual Membership:
- 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.
- Disqualification for Membership:
- No person shall be a member both of Parliament and of a House of the Legislature of a State specified in the First Schedule, and if a person is chosen a member both of Parliament and of a House of the Legislature of such 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.
- Vacation of Seats:
- If a member of either House of Parliament becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of Article 102, his seat shall thereupon become vacant.
- Absence without Permission:
- 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.
UPSC Notes for Article 101
Explanation:
- Dual Membership:
- Ensures that no individual can hold membership in both Houses of Parliament simultaneously, promoting dedicated representation in each House.
- Requires individuals elected to both Houses to vacate one seat, ensuring focused legislative roles.
- Disqualification for Membership:
- Prevents dual membership in Parliament and State Legislature simultaneously, ensuring distinct and dedicated legislative responsibilities.
- If an individual is elected to both, they must vacate one seat within a specified period.
- Vacation of Seats Due to Disqualification:
- If a member becomes subject to disqualification under Article 102, their seat becomes vacant automatically, maintaining the integrity of legislative membership.
- Absence without Permission:
- Ensures active participation of members in parliamentary proceedings by mandating seat vacation for prolonged, unapproved absences.
- The provision includes a mechanism for the House to declare a seat vacant after an unapproved absence of sixty days, ensuring accountability.
Key Points:
- Focused Representation: Prevents dual roles in Parliament and State Legislatures, ensuring members concentrate on their legislative duties.
- Integrity and Accountability: Maintains the integrity of parliamentary membership by ensuring disqualified members vacate their seats.
- Active Participation: Encourages active involvement of members in parliamentary sessions, contributing to the legislative process.
Important Cases and Commissions Related to Article 101
Cases:
- Kuldip Nayar vs. Union of India (2006): This case addressed the importance of residency requirements for Rajya Sabha members, indirectly touching upon issues related to legislative membership and integrity.
- Lily Thomas vs. Union of India (2013): The Supreme Court ruled that disqualification of a member takes effect immediately upon conviction for certain offenses, emphasizing the importance of maintaining the integrity of Parliament.
Commissions:
- Sarkaria Commission: Analyzed the interaction between Parliament and State Legislatures and recommended mechanisms to prevent conflicts of interest.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Suggested reforms to ensure better functioning of legislative bodies, including provisions related to dual membership and disqualifications.
Previous Year Prelims Questions Related to Article 101
- (UPSC Prelims 2016) Which of the following statements regarding the vacation of seats by members of Parliament is correct?
- A. A member can hold seats in both Houses of Parliament simultaneously.
- B. A member must vacate one seat if elected to both Houses of Parliament.
- C. A member can hold seats in both Parliament and State Legislature simultaneously.
- D. There are no restrictions on holding dual memberships. Correct Answer: B. A member must vacate one seat if elected to both Houses of Parliament
- (UPSC Prelims 2019) If a member of Parliament is absent from all meetings of a House for a period of sixty days without permission, the House may:
- A. Suspend the member
- B. Expel the member
- C. Declare the seat vacant
- D. None of the above Correct Answer: C. Declare the seat vacant
Previous Year Mains Questions Related to Article 101
- Mains 2017: “Discuss the significance of Article 101 in preventing dual membership in the Parliament and State Legislatures. How does this article ensure focused legislative responsibilities?”
- Mains 2019: “Analyze the impact of the provisions under Article 101 on maintaining the integrity and accountability of members of Parliament. How do these provisions contribute to the effective functioning of the legislative process?”
Additional Insights:
- Dedicated Legislative Roles: By preventing dual membership, Article 101 ensures that elected representatives can focus solely on their legislative duties without conflicting responsibilities.
- Maintaining Legislative Integrity: Automatic vacation of seats upon disqualification or prolonged absence ensures that only eligible and committed members remain in Parliament, maintaining the credibility of the legislative process.
- Encouraging Participation: The clause addressing absences without permission ensures that members actively participate in parliamentary proceedings, contributing to robust and effective law-making.
Understanding Article 101 is crucial for UPSC aspirants as it outlines essential provisions for maintaining the integrity, accountability, and effective functioning of Parliament. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative framework and the principles of democratic governance within India’s parliamentary system.