Article 101

Article 101 of the Constitution of India provides the rules governing the vacation of seats in Parliament, ensuring that the membership of both Houses—the Lok Sabha (House of the People) and the Rajya Sabha (Council of States)—remains clear, accountable, and free from conflicts of interest. This Article defines when and how a member’s seat becomes vacant, outlining conditions such as dual membership, disqualification, resignation, and prolonged absence from House meetings.
By establishing these provisions, Article 101 upholds the democratic principle of “one person, one seat”, prevents the concentration of political power, and promotes consistent participation and integrity within the parliamentary process.

Constitutional Framework

Article 101, contained in Part V (The Union), Chapter II (The Parliament), ensures that no member can hold multiple legislative positions and that seats do not remain occupied by members who are disqualified, inactive, or unwilling to serve.
It contains several important provisions that govern when a seat becomes vacant:

1. Prohibition of Dual Membership in Parliament

• No individual can simultaneously be a member of both Houses of Parliament.
• If a person is elected to both the Lok Sabha and the Rajya Sabha, they must vacate one seat in accordance with the procedure laid down by Parliament through law.
• Until one seat is vacated, the person cannot function as a member of either House beyond the prescribed period.

This provision prevents duplication of representation and ensures a clear division of membership between the two Houses.

2. Prohibition of Membership in Parliament and State Legislature

• A person cannot be a member of both Parliament and a State Legislature at the same time.
• If an individual is elected to both, their seat in Parliament becomes vacant at the expiration of a specified period unless they resign from the State Legislature within that time.
• The President of India determines the rules regarding this time period and resignation process.

This clause ensures a separation between the Union and State legislatures, preventing overlapping loyalties and maintaining the integrity of India’s federal system.

3. Disqualification and Resignation

(a) Disqualification:

• A member’s seat becomes vacant if they are disqualified under Article 102(1) or (2), which specify grounds such as:
  • Holding an office of profit under the Government.
  • Being of unsound mind or undischarged insolvent.
  • Loss of citizenship of India.
  • Disqualification under anti-defection laws.
• The decision on disqualification is made by the President, after consultation with the Election Commission of India, as per Article 103.

(b) Resignation:

• A member may resign by submitting a written notice to:
  • The Speaker of the Lok Sabha, in the case of a Lok Sabha member.
  • The Chairman of the Rajya Sabha, in the case of a Rajya Sabha member.
• The resignation must be voluntary and genuine.
• The Speaker or Chairman may refuse to accept the resignation if they believe it is not made freely or under genuine intent.

This procedure prevents coercion, inducement, or unethical resignation practices that could undermine parliamentary stability.

4. Absence from Parliamentary Meetings

• If a member is absent from all meetings of the House for a period of 60 days without permission, the House may declare their seat vacant.
• The 60-day period excludes:
  • Days when the House is prorogued (not in session), and
  • Periods when the House is adjourned for more than four consecutive days.
• Before declaring a seat vacant, the House provides an opportunity for the member to explain the reason for absence.

This rule enforces accountability and attendance discipline, ensuring that members actively fulfil their legislative duties.

Legal and Procedural Aspects

The detailed procedures under Article 101 are governed by various parliamentary and electoral laws, including:

• The Representation of the People Act, 1951, which outlines the manner of resignation, disqualification, and declaration of vacancies.
• Rules framed by the President of India in consultation with the Election Commission, regarding dual membership between Parliament and State Legislatures.
• The Rules of Procedure and Conduct of Business in each House, which regulate attendance and permissions for absence.

These statutory provisions operationalise the constitutional principles set out in Article 101.

Judicial Interpretation and Case Law

The judiciary has clarified and reinforced the constitutional intent behind Article 101 through several landmark decisions:

• K. Prabhakaran v. P. Jayarajan (2005): The Supreme Court elaborated on the grounds of disqualification and the interpretation of Article 102 in connection with the vacation of seats.
• R. K. Jain v. Union of India (1993): Addressed issues of dual membership, underlining the need for prompt resignation from one position to maintain constitutional propriety.
• K. K. Verma v. Union of India (1954): Highlighted the authority of the House to declare a seat vacant for prolonged absence, reinforcing the importance of active participation.

These judgments collectively uphold that Article 101 ensures discipline, impartiality, and representational clarity within Parliament.

Related Constitutional Articles

Article 101 is closely related to other constitutional provisions that regulate parliamentary membership and functioning:

• Article 102: Specifies the grounds for disqualification for membership of Parliament.
• Article 103: Assigns the President of India the authority to decide questions regarding disqualification.
• Article 190: Provides similar provisions for vacation of seats in State Legislatures.

Together, these Articles form a cohesive framework governing the tenure, integrity, and continuity of parliamentary representation.

Principles and Objectives of Article 101

The fundamental purpose of Article 101 is to maintain the clarity, discipline, and accountability of Parliament’s composition. Its core objectives include:

1. One Person, One Seat: Prevents individuals from simultaneously representing multiple constituencies or institutions.
2. Integrity of Representation: Ensures that each seat in Parliament is occupied by an active and legitimate member.
3. Separation of Powers: Upholds the distinction between Union and State legislatures, consistent with India’s federal structure.
4. Accountability of Members: Discourages absenteeism and enforces participation in legislative proceedings.
5. Transparency and Fairness: Provides checks to prevent coerced or fraudulent resignations and disqualifications.

By codifying these principles, Article 101 strengthens the legitimacy and credibility of India’s parliamentary democracy.

Implications for Parliamentary Functioning

The provisions of Article 101 have several practical implications:

• Elimination of Dual Roles: Ensures that each member focuses on one legislative body, avoiding divided loyalties.
• Effective Representation: Vacancies are filled promptly through by-elections, preserving the House’s representational strength.
• Attendance Enforcement: Members are motivated to attend sessions regularly, contributing to legislative productivity.
• Institutional Discipline: The powers of the Speaker and Chairman act as deterrents against unethical political conduct.

These mechanisms help Parliament function efficiently, uphold decorum, and preserve public trust.

Historical and Comparative Context

The idea of prohibiting dual membership and ensuring attendance draws inspiration from the British parliamentary system, where a similar rule exists to prevent conflicts of interest. During the Constituent Assembly Debates, members like Dr. B. R. Ambedkar and Alladi Krishnaswami Ayyar emphasised that Article 101 was necessary to prevent the misuse of dual mandates and to ensure continuous engagement of elected representatives.
This provision mirrors democratic practices in other countries where legislators are prohibited from holding dual offices or remaining inactive for extended periods.

Conclusion

Article 101 of the Indian Constitution is a cornerstone of India’s parliamentary accountability and integrity. By defining clear conditions for the vacation of seats, it prevents dual memberships, enforces attendance, and ensures that only active, committed, and legitimate representatives serve in Parliament.