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Vacating of Seats in the Indian Parliament
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- Resignation/death
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- A member may resign by writing to the Chairman(Rajya Sabha) or Speaker(Lok Sabha), as the case may be.
- The seat falls vacant when the resignation is accepted.
- The Chairman/Speaker may not accept the resignation if he is satisfied that it is not voluntary or genuine. (E.g. Karnataka case 2019)
- Absence
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- If a member is absent from all its meetings for a period of sixty days without its permission.
- Disqualification
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- If a member of Parliament becomes subject to any of the disqualifications specified in the Constitution or on the grounds of defection, his seat becomes vacant.
- Other Cases
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- 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 or as Governor of a state.
- Constitution does not lay down any procedure to declare the election void if a disqualified person is elected to the Parliament.
- This matter is dealt with by the Representation of the People Act (1951), which enables the high court to declare an election void if a disqualified candidate is elected.
- The aggrieved party can appeal to the Supreme Court against the order of the high court in this regard.
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Dual Membership in Indian Parliament and State Legislature
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A person cannot be a member of both Houses of Parliament at the same time. Thus, the Representation of People Act (1951) provides for the following:
- 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 the default situation, 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 any of one seat. By default, both seats become vacant.
- Similarly, a person cannot be a member of both the Parliament and the state legislature at the same time. If a person is so elected, his seat in Parliament becomes vacant if he does not resign his seat in the state legislature within 14 days.
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Oaths and Affirmations for Members of Indian Parliament
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- Every member of either House of Parliament, before taking his seat in the House, has to make and subscribe to an oath or affirmation before the President or some person appointed by him for this purpose.
- Without subscribing to the oath, members cannot vote and participate in the proceedings of the House and do not become eligible for parliamentary privileges and immunities.
- The Speaker and the Deputy Speaker, while assuming their offices, do not make and subscribe any separate oath or affirmation.
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Salaries, Allowances, and Pension Provisions for Members of Indian Parliament
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- Members of either House of Parliament are entitled to receive such salaries and allowances as may be determined by Parliament.
- There is no provision of pension in the Constitution. However, Parliament has provided pensions to the members since 1976.
- Salaries of Speaker, Deputy Speaker of Lok Sabha and Chairperson, Deputy chairperson of Rajya Sabha are determined by parliament, however they are charged on consolidated fund of India.
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