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Home The Constitution Part V Article 101
Art. 101 Part V: The Union

Vacation of Seats

Exact text — Constitution of India

(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... (3) If a member of either House of Parliament—(a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 102... his seat shall thereupon become vacant. (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...

In Plain English

What this Article actually means

This Article bars simultaneously holding a seat in both Houses of Parliament, or in Parliament and a State Legislature at the same time — a person must choose one. It also automatically vacates a seat if a member becomes subject to Article 102's disqualifications, and lets a House declare a seat vacant for unexplained 60-day continuous absence.
Why This Matters To You

How it shows up in everyday life

This is why an MP can't simultaneously be an MLA, and why prolonged, unexplained absence from Parliament (beyond 60 days without the House's permission) can result in losing that seat entirely — a real accountability mechanism against chronic non-attendance.

Related Articles

Read alongside this one

Art. 102 — Disqualifications for Membership of Parliament
Frequently Asked

Quick answers about Article 101

Can an MP take an extended leave of absence without losing their seat?
Yes — if they seek and receive the House's permission for the absence; it's specifically UNEXPLAINED absence without permission for 60 continuous days that risks the seat being declared vacant.
← PreviousArticle 100: Voting in Houses, Power of Houses to Act Notwithstanding Vacancies and QuorumNext →Article 102: Disqualifications for Membership

The text above reproduces Article 101 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.