Constitutional Provisions Relating to Parliament: Articles 101–105
Preparation for RJS, DJS, PCS (J) and other Judicial Service exams
CONSTITUTION OF INDIA EXPLAINED
The Constitution of India forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:
PART V: PARLIAMENT…..Contd
Vacation of seats Article 101(1)
- No person shall be
- a member of both Houses
- If a person is chosen a member of both Houses
- he shall vacate his seat in one House
- as per law made by Parliament
Article 101(2)
- No person shall be
- a member of Parliament and state legislature
- If a person is chosen a member of both
- his seat in Parliament shall become vacant
- unless he resigns his seat in state legislature within a period specified in Rules [14 days]
Article 101(3)
- A seat in either House becomes vacant when
- a member is disqualified under Article 102
- he resigns his seat and resignation is accepted by Chairman/Speaker
- Chairman/Speaker shall not accept resignation
- if satisfied that it is not voluntary or genuine
Article 101(4)
- House may declare a seat vacant
- if a member is absent without permission of the House
- for a period of 60 days
- A period of more than 4 consecutive days
- in which the House is prorogued or adjourned
- is not to be counted
Additional information from DLA
Related Provisions of the Representation of the People Act 1951:
Vacation when elected to both Houses Section 68
- A person if chosen to both Houses of Parliament
- not having taken his seat in either House
- may by a notice delivered to Election Commission
- within ten days from the date on which he is so chosen
- intimate in which House he wishes to serve:
- Thereupon, his seat in the other House
- shall become vacant
- Where intimation is not so given
- his seat in Council of States shall become vacant
- at expiration of the 10-day period
One House Member elected to other House Section 69
- If a person already a member of House of People, having taken his seat there
- is chosen a member of Council of States
- his seat in the House of People
- shall become vacant
- on the date on which he is so chosen
- If a person already a member of Council of States, having taken his seat there
- is chosen a member of House of People
- his seat in Council of States
- shall become vacant
- on the date on which he is so chosen
Disqualifications for membership Article 102(1)
- A person shall be disqualified
- for being chosen as and
- for being a member of either House
- if he holds any office of profit under government
- if he is of unsound mind, so declared by a court
- if he is an undischarged insolvent
- if he is not a citizen of India
- if he is so disqualified under a law made by Parliament
- Disqualification shall not attach
- to offices so declared by Parliament and
- to office of a minister
Article 102(2)
- A person shall be disqualified
- for being a member of either House
- if he is disqualified under the Tenth Schedule
- for being a member of either House
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Decision on disqualifications Article 103
- A question of disqualification under Art 102(1)
- is to be referred to President
- His decision shall be final
- Before his decision
- President shall obtain opinion of Election Commission
- President shall act
- according to such opinion
Penalty for false voting Article 104
- Anyone who sits and votes in Parliament
- before making oath or
- when not qualified to be a member or
- when disqualified from membership
- is liable to fine of 500 Rupees for each day he so sits or votes
Privileges & Immunities Article 105(1)
- There shall be freedom of speech in Parliament
- subject to rules and standing orders
- subject to this Constitution [Ref Art 121]
Article 105(2)
- No MP shall be liable
- to any proceedings in any court
- for anything said by him or
- any vote given by him
- in Parliament or in any of its committees
- to any proceedings in any court
- No person shall be liable
- for publication of report or proceedings
- under authority of House
Article 105(3)
- Other powers, privileges and immunities
- of Houses, members and committees
- shall be defined by Parliament by law
- Until so defined
- these shall be the same
- as those of British House of Commons
Article 105(4)
- Persons specified in Art 88 [Ministers, Attorney General]
- also enjoy similar privileges and immunities
Additional information from DLA:
Other privileges, not specified in Constitution:
- A Member of Parliament cannot be arrested in civil cases
- during session of Parliament
- 40 days before beginning of session
- 40 days after end of session
- A Member of Parliament cannot be compelled
- to appear as witness in a court
- when Parliament is in session
- A Member of Parliament cannot be arrested
- within the precincts of the House even in criminal cases
- without permission of Presiding Officer
Power to punish for contempt
- Parliament can punish members as well as outsiders
- for breach of its privileges or
- for its contempt
Contempt Instance
- Mrs. Indira Gandhi, former Prime Minister, was
- expelled from membership of Lok Sabha and
- sentenced to imprisonment for a week, in 1977
- for committing contempt of the House
- while she was Prime Minister
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