(1)No person shall be a member of 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 scat in 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 and if a person is chosen a member both of Parliament and of a House of the Legislature of a State, then, at the expiration of such period as may be specified in rulesmade 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 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: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.[Editorial comment-The Constitution (Thirty-Third Amendment) Act, 1974, this amendment adds a proviso at the conclusion of article 101(3) and replaces the existing subclause (b) with a new subclause. According to the new article 101(3)(b), a member of either House of Parliament may resign from office by writing a letter in his own handwriting to the Chairman or Speaker, as applicable, and if the letter is accepted by the Chairman or Speaker, as applicable, the member’s seat would then become empty. In addition, if any of the aforementioned resignations occur, the Chairman or Speaker, as the instance may be, will refuse to accept such resignation if, after receiving information or otherwise, and following the investigation as he deems appropriate, he is of the opinion that this resignation is not honest or voluntary.Also Refer][Editorial comment-The Constitution (Fifty-Second Amendment) Act, 1985, introduced as an anti-defection bill in the parliament to prohibit its members from hopping between different political parties and inserted a new Schedule in the constitution i.e. the 10th schedule. It altered the provisions of Articles 101, where it laid down the grounds of defection for members of either house of Parliament or state assemblies or councils. It aims to prevent political defections for reasons of office and other considerations from causing harm to democracy. Its proposed solution is to bar Members of Parliament and State Legislatures who deviate from party politics from continuing to hold their political office. This was not passed without a major change in the country’s political landscape. Nevertheless, it is the highest-level document drafted by our democracy and has the potential to make Indian politics more transparent. Aside from enhancing political freedoms, this amendment also contains provisions to curb corruption. The constitution’s anti-defection provisions were a result of a series of debates over the issue.Also Refer]
