Articles 101, 102 and 103 of the Constitution of India

Articles 101, 102 and 103 form part of the constitutional framework governing membership of Parliament. They deal respectively with vacation of seats, disqualifications for membership, and the authority and procedure for deciding certain questions of disqualification.

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Article 101 - Vacation of seats

Article 101 regulates when a seat in Parliament becomes vacant. It prevents simultaneous membership of both Houses of Parliament and regulates simultaneous membership of Parliament and a State Legislature. It also addresses vacancy arising from disqualification, resignation and prolonged absence without permission.

Membership of both Houses

A person cannot remain a member of both Houses of Parliament. Parliament may provide by law for vacation of one of the seats where a person is chosen to both Houses.

Membership of Parliament and a State Legislature

A person cannot continue as a member both of Parliament and of a House of a State Legislature. Where a person is chosen to both, the Parliamentary seat becomes vacant after the period specified under the applicable Presidential rules unless the State Legislature seat has already been resigned.

Disqualification and resignation

A seat becomes vacant if a member becomes subject to a disqualification referred to in Article 102(1) or Article 102(2). A member may also resign by writing addressed to the Chairman or Speaker, as applicable. A resignation is not to be accepted where, after appropriate inquiry, the Chairman or Speaker is satisfied that it is not voluntary or genuine.

Absence for sixty days

If a member is absent without permission from all meetings of the House for sixty days, the House may declare the seat vacant. Periods during which the House is prorogued or adjourned for more than four consecutive days are excluded when calculating those sixty days.

Article 102 - Disqualifications for membership

Article 102 specifies constitutional grounds on which a person may be disqualified from being chosen as, or from being, a member of either House of Parliament.

Article 102(1) covers: holding a disqualifying office of profit under the Union or a State Government; being declared of unsound mind by a competent court; being an undischarged insolvent; citizenship-related disqualification; and disqualification by or under a law made by Parliament.

The constitutional explanation provides that a person is not treated as holding an office of profit merely because that person is a Minister for the Union or for a State.

Article 102(2) separately provides for disqualification under the Tenth Schedule, which contains the constitutional anti-defection framework.

Related legislation: Parliament has enacted statutory disqualifications under the Representation of the People Act, 1951. Depending on the facts, provisions including Sections 8, 8A, 9, 9A, 10 and 10A may be relevant.

Article 103 - Decision on questions as to disqualifications of members

Article 103 provides the constitutional decision-making process when a question arises whether a sitting member of either House of Parliament has become subject to a disqualification mentioned in Article 102(1).

The question is referred to the President. Before deciding it, the President must obtain the opinion of the Election Commission of India and act according to that opinion.

Important distinction: Article 103 concerns the disqualifications mentioned in Article 102(1). Disqualification under the Tenth Schedule is governed by the separate mechanism contained in that Schedule.

This page is an explanatory legal information resource and should be read with the current official text of the Constitution and applicable election law.