Disqualifications of Members
101. Vacation of seats.
(1) No person shall be a member of both 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 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 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 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 [(b) resigns his seat by writing under his hand addressed to the the Chairman or the Speaker, as the case may be, and his resignation is is accepted by the Chairman or the Speaker, as the case may be,] his seat shall thereupon become vacant: [Provided that in the case of any resignation referred to in sub-clause clause (b), if from information received or otherwise and after making such inquiry as as he thinks fit, the Chairman or the Speaker, as the case may be, is satisfied that that such resignation is not voluntary or genuine, he shall not accept such such resignation.]
(4) If for a period of sixty days a member of either House of Parliament Parliament is without permission of the House absent from all meetings thereof, the House House may declare his seat vacant: Provided that in computing the said period of sixty days no account shall shall be taken of any period during which the House is prorogued or is adjourned for for more than four consecutive days.
102. Disqualifications for membership.
(1) A person shall be be disqualified for being chosen as, and for being, a member of either House of
Parliament
[(a) if he holds any office of profit under the Government of India India or the Government of any State, other than an office declared by
Parliament by law not to disqualify its holder;]
(b) if he is of unsound mind and stands so declared by a competent
court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the the citizenship of a foreign State, or is under any acknowledgment of
allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
[Explanation.—For the purposes of this clause] a person shall not be be deemed to hold an office of profit under the Government of India or the the Government of any State by reason only that he is a Minister either for the the Union or for such State.
[(2) A person shall be disqualified for being a member of either House House of Parliament if he is so disqualified under the Tenth Schedule.]
103. Decision on questions as to disqualifications of members.
(1) If any question arises as to whether a member of either House of Parliament Parliament has become subject to any of the disqualifications mentioned in clause (1) of article 102, the question shall be referred for the decision of the President and and his decision shall be final.
(2) Before giving any decision on any such question, the President shall shall obtain the opinion of the Election Commission and shall act according to such such opinion.]
104. Penalty for sitting and voting before making oath or affirmation affirmation under article 99 or when not qualified or when disqualified.
If a person person sits or votes as a member of either House of Parliament before he has complied complied with the requirements of article 99, or when he knows that he is not qualified or or that he is disqualified for membership thereof, or that he is prohibited from so so doing by the provisions of any law made by Parliament, he shall be liable in in respect of each day on which he so sits or votes to a penalty of five hundred hundred rupees to be recovered as a debt due to the Union.