Explain in detail the provisions provided in the Indian constitution regarding vacation of seats for simultaneously elected candidates.
Published: June 5, 2019
According to the Indian constitution, an individual cannot simultaneously be a member of both Houses of Parliament or both Parliament and a state legislature, or represent more than one seat in a House. The provisions are as follows:
Person elected to Lok Sabha and Rajya Sabha:
- If a person is elected simultaneously to both Rajya Sabha and Lok Sabha, and if he has not yet taken his seat in either House, he can choose, within 10 days from the later of the dates on which he is chosen to those Houses, the House of which he would like to be a member.
- The member must intimate his choice in writing to the Secretary to the Election Commission of India.
- No such option is, however, available to a person who is already a member of one House and has contested the election for membership of the other House.
- So,ï¿½if a sitting Rajya Sabha member contests and wins a Lok Sabha election, his seat in the Upper House becomes automatically vacant on the date he is declared elected to Lok Sabha.
- The same applies to a Lok Sabha member who contests an election to Rajya Sabha.
Person elected on two Lok Sabha seats:
An individual can contest from two parliamentary constituencies but, if elected from both,he has to resign one seat within 14 days of the declaration of the result, failing which both his seats shall fall vacant.
Person elected to State Assembly and Lok Sabha
Members of state legislaturesï¿½who have been elected to Lok Sabha must resign their seats within 14 daysfailing which their seats in Lok Sabha shall automatically fall vacant.
Some of those who won in the recent elections were elected from more than one constituency; some were already members of either Rajya Sabha or the legislature of a state. These MPs must vacate one of their seats.
Model Questions Category: 042 - Salient Features of the Representation of Peoples Act