Parliament: Vacating of Seating

Condition for Vacating

Features

Double Membership
  • If a person is elected to both the Houses of Parliament, he must intimate within 10 days in which House he desires to serve. In default of such intimation, his seat in the Rajya Sabha becomes vacant.
  • If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant.
  • If a person is elected to two seats in a House, he should exercise his option for one. Otherwise, both seats become vacant. 
Disqualification
  • If a member of Parliament becomes subject to any of the disqualifications specified in the Constitution, his seat becomes vacant.
Resignation
  • A member may resign his seat by writing to the Chairman of Rajya Sabha or Speaker of Lok Sabha
Absence
  • A House can declare the seat of a member vacant if he is absent from all its meetings for a period of sixty days without its permission.
Other cases
  • if his election is declared void by the court; 
  • if he is expelled by the House; 
  • if he is elected to the office of President or Vice-President; 
  • if he is appointed to the office of governor of a state. 
  • Oath of Members – Given by President
  • Salaries and Allowances – Members of either House of Parliament are entitled to receive such salaries and allowances as may be determined by Parliament, and there is no provision of pension in the Constitution. 
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