The Constitution of India
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 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 disqualifications mentioned in clause (1) or clause (2) of article 102, or 5
(b) resigns his seat by writing under his hand addressed to the Chairman or the Speaker, as the case may be, and his resignation is accepted by the Chairman or the Speaker, as the case may be, his seat shall thereupon become vacant:
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.
Why this exists
The framers wanted Parliament to function with clearly accountable, single-seat representatives, avoiding conflicts of loyalty or overlapping mandates between Houses or between Parliament and State legislatures. The resignation safeguard was added to stop presiding officers from being pressured into accepting resignations that were coerced or fake, protecting the integrity of the House's composition. The 60-day absence rule ensures MPs remain engaged with legislative duties, while excluding prorogation/adjournment periods keeps the rule fair.
How courts read it
Courts have generally deferred to the Speaker's or Chairman's discretion in verifying whether a resignation is voluntary and genuine under the proviso to clause (3), intervening only in cases of clear procedural impropriety or non-application of mind, as seen in disputes over MLA/MP resignations linked to political defections. Courts have also clarified that the process of accepting or verifying resignation is distinct from anti-defection disqualification proceedings, keeping the two remedies analytically separate.
Common misconceptions
- Myth: An MP's resignation is final the moment they submit it.
Fact: The Speaker or Chairman must first verify that the resignation is voluntary and genuine before accepting it; only after acceptance does the seat become vacant. - Myth: Missing Parliament sessions never has real consequences.
Fact: If an MP is absent from all meetings for 60 days without permission (excluding prorogation/long adjournments), the House can declare the seat vacant. - Myth: A person can hold seats in both Parliament and a State Legislature simultaneously if elected to both.
Fact: Article 101(2) forbids this; the Parliament seat becomes vacant unless the person resigns the State Legislature seat first.