Article 101 of the Costitution of India with Case law
Article 101 of the Constitution of India deals with vacation of seats in Parliament. It lays down the conditions under which a Member of Parliament (MP) shall vacate their seat in either House of Parliament (Lok Sabha or Rajya Sabha).
🔹 Article 101 – Vacation of Seats
Text of Article 101:
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.
If a member of either House of Parliament—
(a) becomes subject to any of the disqualifications mentioned in 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,
his seat shall thereupon become vacant:
Provided that in case of any resignation, if the Chairman or the Speaker is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.
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:
Explanation: In computing the said period of sixty days, no account shall be taken of any period during which the House is prorogued or adjourned for more than four consecutive days.
🔹 Key Points:
Dual membership: One cannot be a member of both Houses simultaneously.
Disqualification or resignation leads to seat vacating.
Absence for 60 days without permission can also lead to seat being declared vacant.
🔹 Relevant Case Laws:
🧑⚖️ Ravi S. Naik v. Union of India (1994) 2 SCC 641
Issue: Whether a letter of resignation without formal acceptance leads to seat vacancy.
Held: Resignation must be voluntary and genuine; Speaker has discretion to verify. Article 101(2) protects against forced resignations.
🧑⚖️ Rajendra Singh Rana v. Swami Prasad Maurya (2007) 4 SCC 270
Significance: Related to disqualification and vacancy; reinforced that resignation or disqualification must be in accordance with law under Article 101(2) and Article 102.
🧑⚖️ Amarinder Singh v. Punjab Vidhan Sabha (2010) 6 SCC 113
Though involving a state legislature, the principle applies similarly to Parliament under Article 101(3) regarding absence from House and declaration of seat vacancy.
🔹 Summary:
Article 101 ensures that:
Dual membership in Lok Sabha and Rajya Sabha is regulated.
Disqualification and voluntary resignation are grounds for vacating the seat.
Prolonged unauthorized absence can also lead to loss of membership.
RELATED Blog
0 comments