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.