What is Article 101 of Indian Constitution – Defination & Meaning

Article 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
📅 Part V – The Union
🏷️Active

📚 UPSC Relevant

Article Number

101

part

Part V – The Union

Status

Active

Bare Acts Text

Article 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.
  • (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.
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Full Definition & Explanation

Article 101 of the Indian Constitution outlines the rules for vacation of seats in Parliament. It ensures that no individual can serve in both Houses of Parliament simultaneously. If someone is elected to both Houses, they must vacate one seat. This promotes clarity in representation and accountability. It prevents conflicts of interest that could arise if a member had dual responsibilities. The article also states that a person cannot be both a member of Parliament and a State Legislature. If elected to both, they must choose one, or their seat in Parliament will become vacant after a period specified by the President. This helps maintain a clear distinction between national and state politics, reducing confusion about legislative responsibilities. Also, if a member does not attend any parliamentary meetings for 60 days, their seat may be declared vacant. This rule helps ensure active participation in governance. If a member resigns, the resignation must be genuine and accepted by the Chairperson or Speaker. This article, therefore, plays a major role in maintaining the integrity of parliamentary representation and ensuring that elected officials are committed to their roles.

Historical Context

It ensures that no individual can serve in both Houses of Parliament simultaneously. If someone is elected to both Houses, they must vacate one seat. It prevents conflicts of interest that could arise if a member had dual responsibilities. The article also states that a person cannot be both a member of Parliament and a State Legislature. Article 101 of the Indian Constitution outlines the rules for vacation of seats in Parliament. If elected to both, they must choose one, or their seat in Parliament will become vacant after a period specified by the President. This helps maintain a clear distinction between national and state politics, reducing confusion about legislative responsibilities.

Key Features

– No individual can be a member of both Houses of Parliament.
– A person must vacate one seat if elected to both Houses.
– Members cannot serve in both Parliament and State Legislature.
– Absence from meetings for 60 days can lead to seat vacation.
– Resignations must be accepted by the Speaker or Chairman.

Importance & Impact

– Prevents conflicts of interest in legislative responsibilities
– Promotes accountability by ensuring active participation in Parliament
– Maintains a clear distinction between national and state politics
– Ensures genuine resignations are accepted for transparency
– Encourages legislators to fulfill their duties effectively

Sample UPSC Question

Consider the following statements about Article 101: 1. A person cannot simultaneously be a member of both Houses of Parliament. 2. A seat automatically becomes vacant if a member is absent for 60 consecutive days. 3. A member can remain a member of a state legislature and Parliament simultaneously. 4. The House has discretion whether to declare a seat vacant under the 60-day rule. Which statements are correct? a) 1 and 4 only b) 1, 3 and 4 only c) 2 and 3 only d) 1, 2 and 4 only

Answer

Answer: a) 1 and 4 only Statement 1 is correct per Article 101(1). Statement 2 is wrong — vacation of seat is not automatic; the House may declare the seat vacant, giving it discretion. Statement 3 is wrong — Article 101(2) prohibits being a member of both Parliament and a state legislature. Statement 4 is correct — Article 101(4) says the House ‘may’ declare, not that it ‘shall’ declare.

Key Takeaways

✓ No dual membership in Parliament is allowed
✓ Seats may become vacant with prolonged absence
✓ Resignations must be genuine and accepted
✓ Members cannot serve in State Legislatures and Parliament simultaneously.
✓ Active participation is key for legislative integrity

FAQs

Article 101 of the Indian Constitution outlines the rules for vacation of seats in Parliament. It ensures that no individual can serve in both Houses of Parliament simultaneously. If someone is elected to both Houses, they must vacate one seat. It prevents conflicts of interest that could arise if a member had dual responsibilities.

This helps maintain a clear distinction between national and state politics, reducing confusion about legislative responsibilities. Also, if a member does not attend any parliamentary meetings for 60 days, their seat may be declared vacant. This rule helps ensure active participation in governance. Article 101 of the Indian Constitution outlines the rules for vacation of seats in Parliament.

Article 101(4) states that if a member is absent from all sittings of the House for 60 consecutive days without the permission of the House, the House may declare the seat vacant. The 60-day period does not count days when the House is prorogued or adjourned for more than four consecutive days. The House has discretionary power to declare the seat vacant — it is not automatic.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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