Vacation of seats

(1) 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.

(2) No person shall be a member both of Parliament and of a House of the Legislature of a State, and if a person is chosen a member both of Parliament and of a House of the Legislature of a State, then, at the expiration of such period as may be specified in rules made by the President, that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.

(3) If a member of either House of Parliament—

(a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of 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, as the case may be,

his seat shall thereupon become vacant:

Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.

(4) 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:

Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

Version 1

Article 82, Draft Constitution 1948

(2) If a member of either House of Parliament-

(a) Becomes subject to any of the disqualifications mentioned in clause (1) of the next succeeding article; or

(b) Resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, his seat shall thereupon become vacant.

(3) 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:

Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

Version 2

Article 101, Constitution of India 1950

(2) No person shall be a member both of Parliament and of a House of the Legislature of a State specified in Part A or Part B of the First Schedule, and if a person is chosen a member both of Parliament and of a House of the Legislature of such a State, then, at the expiration of such period as may be specified in rules made by the President, that person’s seat in Parliament shall become vacant, unless he has previously resigned his seat in the Legislature of the State.

⁠(3) If a member of either House of Parliament—

(a) becomes subject to any of the disqualifications mentioned in clause (1) of article 102, or

(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, his seat shall thereupon become vacant.

(4) 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:

⁠Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.

Summary

Draft Article 82 (Article 101) was discussed on 19 May 1949. It laid down circumstances under which a member’s seat would be considered vacant.

The original Draft Article did not include clause 2. It was inserted through an amendment moved by the Chairman of the Drafting Committee.

A member sought to add recollection of a member of the Parliament by electors as a ground for a vacation of his/her seat. He invoked the Swiss and American examples to illustrate how several democratic countries provide for the right to recall a member of the Parliament if he/she fails to ‘discharge their duties to the constituency’. He argued that under ‘ideal conditions of democracy’, the right to recall must find a place. One member was not convinced by this proposal. He argued that the amendment did not spell out practical aspects of the recall process. Moreover, it would cause practical hurdles.

Another member wanted to make it a mandatory for a member to be able to read and write the National Language to be elected to the Parliament. This would popularise and encourage people to speak the National Language.

The Assembly did not accept any of these proposals. It adopted the Draft Article with minor amendments.