Article 101 of the Indian Constitution deals with the rules about:
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Dual membership (being a member of both Lok Sabha & Rajya Sabha, or Parliament and State Legislature), and
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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.
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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.
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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.
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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
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If a person wins elections for both Lok Sabha and Rajya Sabha, they must resign from one seat.
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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 |
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