Seats in the Parliament of India can become vacant due to various reasons outlined in the Constitution and other relevant laws. Here are the details about the different circumstances under which seats in the Lok Sabha (House of the People) and the Rajya Sabha (Council of States) can become vacant:
Lok Sabha (House of the People):
Resignation:
A member of the Lok Sabha may voluntarily resign from their seat by submitting a resignation letter to the Speaker. The resignation becomes effective when accepted by the Speaker.
Death:
If a member of the Lok Sabha passes away, the seat becomes vacant.
Disqualification:
A member may be disqualified under the provisions of the Anti-Defection Law if they violate its rules. The decision on disqualification is made by the Speaker based on the recommendations of the Election Commission.
Ceasing to Be a Citizen:
If a member ceases to be a citizen of India, their seat becomes vacant.
Double Membership:
If a member is elected to both the Lok Sabha and a State Legislative Assembly or Legislative Council, they need to vacate one of the seats. If they fail to do so within a specified time, both seats become vacant.
Ceasing to Be Qualified:
If a member ceases to be qualified to be a member of the Lok Sabha, their seat becomes vacant. This could happen if they lose the qualifications required for election.
Non-Attendance:
If a member remains absent from all meetings of the Lok Sabha for a period of sixty days without permission, their seat may be declared vacant.
Rajya Sabha (Council of States):
Resignation:
A member of the Rajya Sabha may voluntarily resign from their seat by submitting a resignation letter to the Chairman of the Rajya Sabha. The resignation becomes effective when accepted by the Chairman.
Death:
If a member of the Rajya Sabha passes away, the seat becomes vacant.
Disqualification:
Similar to the Lok Sabha, a member may be disqualified under the provisions of the Anti-Defection Law if they violate its rules. The decision on disqualification is made by the Chairman based on the recommendations of the Election Commission.
Ceasing to Be a Citizen:
If a member ceases to be a citizen of India, their seat becomes vacant.
Double Membership:
If a member is elected to both the Rajya Sabha and a State Legislative Assembly or Legislative Council, they need to vacate one of the seats. If they fail to do so within a specified time, both seats become vacant.
Ceasing to Be Qualified:
If a member ceases to be qualified to be a member of the Rajya Sabha, their seat becomes vacant.
Non-Attendance:
If a member remains absent from all meetings of the Rajya Sabha for a period of sixty days without permission, their seat may be declared vacant.
Casual Vacancies:
By-Elections:
When a seat in either the Lok Sabha or the Rajya Sabha becomes vacant, a by-election or bypoll may be conducted to fill the vacancy. The process of filling casual vacancies is outlined in the Representation of the People Act, 1951.
Nomination by President (Rajya Sabha):
If a seat in the Rajya Sabha falls vacant due to the resignation or death of a nominated member, the President can nominate another person to fill the vacancy.
Conclusion:
Vacating of seats in the Parliament of India can occur due to various reasons such as resignation, death, disqualification, or non-attendance. The process for filling casual vacancies is well-defined, ensuring the continuity of representation in both houses.
