Double membership
Also called: Article 101 · Topic: Parliament: Composition, Powers and Law-making · NCERT: Beyond NCERT
Meaning
Article 101 says no one can be a member of both Houses of Parliament at the same time. No one can be a member of Parliament and a state legislature at the same time either. The aim is that each member gives full attention to one House. If someone wins two seats, they must choose one within a time set by law.
Example
A person elected to both the Lok Sabha and the Rajya Sabha must choose one within 10 days. If they do not, the Rajya Sabha seat falls vacant (RPA 1951 s.68). An MP who also wins a state assembly seat must resign the state seat within 14 days, or they lose their seat in Parliament.
Don't confuse with
- Vacation of seat for absence: a seat is lost after 60 days of absence without permission (Art. 101(4)), not because the person holds two seats.
Related concepts
- Qualifications for membership of Parliament
- Disqualification of members of Parliament
- Office of profit
- Parliament (Prevention of Disqualification) Act 1959
- Vacation of seat for absence
- Members of Parliament Local Area Development Scheme