What is Article 101 of Indian constitution ?

www.hinsoli.com July 01, 2025

Article 101 of the Indian Constitution deals with the rules about:

Dual membership (being a member of both Lok Sabha & Rajya Sabha, or Parliament and State Legislature), and
Resignation and absence of Members of Parliament (MPs).

📜 Simplified Explanation of Article 101

🔹 Clause (1): No Dual Membership in Parliament

A person cannot be a member of both Houses of Parliament (Lok Sabha and Rajya Sabha) at the same time.

If elected to both, the person must vacate one seat as per rules made by Parliament.

🔹 Clause (2): Cannot Be MP & MLA/MLC Together

A person cannot be a member of Parliament and a State Legislature (like MLA or MLC) at the same time.

They must vacate one post, again as per rules made by Parliament.

🔹 Clause (3): Resignation from Parliament

If a member resigns in writing to the Speaker (Lok Sabha) or Chairman (Rajya Sabha), and that authority accepts it, their seat becomes vacant.

🔹 Clause (4): Automatic Disqualification for Absence

If an MP is absent without permission for 60 consecutive days when the House is in session, their seat may be declared vacant.

Exceptions exist (e.g., illness), and the House can decide not to declare the seat vacant.

✅ Key Points of Article 101

Clause	Provision	Explanation
101(1)	No dual House membership	Can’t be in Lok Sabha & Rajya Sabha at the same time
101(2)	No dual Parliament-State membership	Can’t be MP & MLA/MLC at the same time
101(3)	Resignation accepted by presiding officer	Must be written, and accepted by Speaker/Chairman
101(4)	Seat vacant after long absence	Absent for 60 days without permission → seat may be vacated

🧾 Example

If a person wins elections for both Lok Sabha and Rajya Sabha, they must resign from one seat.
If an MP doesn't attend Parliament for over 60 days, the House may declare their seat vacant, unless a reason is accepted.

📌 Summary of Article 101

Topic	Rule
Dual House Membership	❌ Not allowed (must resign from one)
MP + MLA/MLC	❌ Not allowed (must resign from one)
Resignation Procedure	✅ Written + accepted by Speaker/Chairman
Long Absence from House	❌ Seat may be declared vacant if absent 60 days without permission