Simultaneous Membership of Both the Houses is Restricted

 The Constitution of India strictly prohibits holding of membership of both Lok Sabha and Rajya Sabha simultaneously. The constitutional provisions restricting simultaneous membership of both Houses of Parliament, as well as membership in both Parliament and a State Legislature, are primarily found in Article 101 of the Constitution of India. These provisions are further detailed by the Representation of the People Act (RPA), 1951. [1, 2, 3, 4]

1. Simultaneous Membership in Both Houses of Parliament 

Under Article 101(1), no person can be a member of both the Lok Sabha and the Rajya Sabha at the same time. The specific rules for vacation of seats are: [2, 5]

• Simultaneous Election: If a person is elected to both Houses at once, they must choose one within 10 days of being chosen. If they fail to intimate their choice to the Election Commission, their seat in the Rajya Sabha becomes vacant.
• Sitting Member Elected to the Other House: If a sitting member of one House is elected to the other, their seat in the first House becomes vacant on the date they are declared elected to the second House.
• Election to Two Seats in the Same House: If elected to two seats in one House (e.g., two Lok Sabha constituencies), the person must choose one within the prescribed time, or both seats become vacant. [1, 4, 6]

2. Membership in Parliament and State Legislature

Article 101(2) prohibits a person from being a member of both Parliament and a State Legislature. 

• Vacation Rule: If a person is elected to both, their seat in Parliament becomes vacant after a period specified in the Prohibition of Simultaneous Membership Rules, 1950 (currently 14 days), unless they have already resigned from the State Legislature. 

3. Other Conditions for Vacation of Seats (Article 101)

A seat in Parliament also becomes vacant if:

• Disqualification: A member becomes subject to any disqualification mentioned in Article 102 (e.g., office of profit, unsound mind, or under the Tenth Schedule/Anti-Defection Law).
• Resignation: A member submits a written resignation to the Speaker (Lok Sabha) or Chairman (Rajya Sabha), and it is accepted.
• Prolonged Absence: A member is absent from all meetings of the House for 60 days without permission (excluding periods when the House is prorogued or adjourned for more than 4 consecutive days). [