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Article 101 Of Indian Constitution In English
Article 101 – 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 persons 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 101 In English
101 Article – Vacation of seats.
(1) No person shall be a member of both Houses of Parliament and Parliament shall by law make provision for leave by a person who is chosen to be a member of both Houses of his seat in one House or the other.
(2) No person shall be a member of either House of Parliament and of the Legislature of a State and if a person is elected a member of both the House of Parliament and the Legislature of a State, such term as may be made by the President. as may be specified in the rules, the seat of persons in Parliament shall become vacant, unless he has previously resigned from 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 referred to in clause (1) or clause (2) of article 102, or
(b) resigns from his seat under his signature addressed to the Speaker or the Speaker, as the case may be, and his resignation is accepted by the Speaker or the Speaker, as the case may be, thereupon his seat shall become vacant: Provided that in the case of a resignation referred to in sub-clause (b), if, from the information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is voluntary or genuine No, he will not accept such resignation.
(4) If for a period of sixty days a member of either House of Parliament remains absent from all its sittings without the leave of the House, the House may declare his seat vacant: Provided that after the said period of sixty days, No account shall be taken of the calculation for any period during which the House is prorogued or adjourned for more than four consecutive days.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 101 Of Indian Constitution?
In Article 101 you see “Vacation of seats” that means (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. more above.
Article 101 Debate Summary
The draft Article 82 (Article 101, Constitution of India 1950) was discussed on 19 May 1949. It laid down the circumstances under which a member’s seat would be considered vacant. Clause 2 of Article 101, 1950 was not a part of the original draft Article of the Constitution of India. It was inserted through an amendment introduced by the chairman of the drafting committee.
A member sought to add to the memory of a Member of Parliament by the voters as a ground for the leave of his seat. He cited Swiss and American examples to explain how many democracies provide the right to recall a member of parliament if he fails to ‘discharge his duties in the constituency’.
He argued that under ‘ideal conditions of democracy’, the right to recall should find a place. One member did not agree with this proposal. He argued that the amendment did not explain the practical aspects of the recall process. There will also be practical hurdles to be faced.
Another member wanted to make it mandatory for a member to read and write the national language in order to be elected to the Parliament. It will popularize and encourage people to speak the national language. The Assembly did not accept any of these proposals. It adopted the draft article with minor modifications.
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