The Constitution of India
Clause (3) and (4) were omitted by the Constitution (Forty-second Amendment) Act, 1976, s.18 (date yet to be
- Jurisdiction
- India
- Provision
- 1
- Source language
- eng+tel
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourcenotified).
46 THE CONSTITUTION OF INDIA
(Part V. — The Union)
(2) No person shall be a member both of Parliament and of a House of the
Legislature of a State 1[***], and if a person is chosen a member both of Parliament and of a
House of the Legislature of 2[a State], then, at the expiration of such period as may be
specified in rules3 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 4[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:
6
[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.
Source record
Source and verification
The Constitution of India · legislative.gov.in · Retrieved 17 August 2026.
Check the upstream source for currency, amendments, and official formatting. The recorded status describes this source version.
Open upstream source