Q. Under which of the following circumstances, does a Member of Parliament vacates his/ her seat in either house of the Parliament?
1. If a sitting member of one House is also elected to the other House.
2. If a member is disqualified on the grounds of defection under the provisions of the Anti-defection law.
3. If a censure motion is passed against the member of the parliament by both the houses.
Select the correct answer using the codes given below:
Exp) Option a is the correct answer.
A member of Parliament vacates his seat under following circumstances:
Statement 1 is correct: A person cannot be a member of both Houses of Parliament at the same time. If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant.
Statement 2 is correct: If a member of Parliament becomes subject to any of the disqualifications specified in the Constitution, his seat becomes vacant. Here, the list of disqualifications also includes the disqualification on the grounds of defection under the provisions of the Tenth Schedule of the Constitution.
Statement 3 is incorrect: If a censure motion is passed against a member of Parliament by both Houses, it does not result in the vacation of their seat. A censure motion is a formal statement of disapproval passed by the House against an individual minister or a group of ministers or the entire council of ministers.
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