What is Vacation of seats? What is Disqualification's for membership? What is Decision on questions as to disqualifications of members? Article 101, 102 and 103 of Constitution of India, 1949. Vacation of seats, Disqualification's for membership and Decision on questions as to disqualifications of members are defined under Article 101, 102 and 103 of Constitution of India 1949. Provisions under these Articles are:
Article 101 of Constitution of India "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 disqualification's 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 as 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.
Article 102 of Constitution of India "Disqualification's for membership"
(1) A person shall be disqualified for being chosen as, and
for being, a member of either House of Parliament-
(a) if he holds any office of profit under the Government of India or the Government of any State, other than an office declared by Parliament by law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
Explanation- For the purposes of this clause a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State by reason only that he is a Minister either for the Union or for such State.
(2) A person shall be disqualified for being a member of either House of Parliament if he is so disqualified under the Tenth Schedule.
Article 103 of Constitution of India "Decision on questions as to disqualifications of members"
(1) If any question arises as to whether a member of either
House of Parliament has become subject to any of the
disqualifications mentioned in clause (1) of Article 102,
the question shall be referred for the decision of the
President and his decision shall be final.
(2) Before giving any decision on any such question, the President shall obtain the opinion of the Election Commission and shall act according to such opinion.
What is Penalty for sitting and voting before making oath or affirmation under Article 99 or when not qualified or when disqualified? What is Powers, privileges, etc. of the Houses of Parliament and of the members and committees thereof? What is Salaries and allowances of members? Article 104, 105 and 106 of Constitution of India, 1949
What are the Special provisions as to financial Bills? What are Rules of procedure? What is Regulation by law of procedure in Parliament in relation to financial business? Article 117, 118 and 119 of Constitution of India, 1949
What is the Language to be used in Parliament, What is Restriction on discussion in Parliament? What is the meaning Courts not to inquire into proceedings of Parliament? Article 120, 121 and 122 of Constitution of India, 1949