Q. With reference to double membership in Parliament, consider the following statements:
1. If a person is elected to two seats in a House, he can remain on both the seats for a period of 6 months.
2. If a sitting member of one House is also elected to the other House, his seat in the first House automatically becomes vacant.
Which of the statements given above is/are correct?
Exp) Option b is the correct answer
Statement 1 is incorrect. If a person is elected to two seats in a House, he should exercise his option for one. Otherwise, both seats become vacant. Under Sec 33(7) of RPA, 1951, an individual can contest from two parliamentary constituencies but, if elected from both, he has to resign one seat within 14 days of the declaration of the result, failing which both his seats shall fall vacant.
Statement 2 is correct. If a sitting member of one House is also elected to the other House, his seat in the first House becomes vacant. For example, if a sitting Rajya Sabha member contests and wins a Lok Sabha election, his seat in the Upper House becomes automatically vacant on the date he is declared elected to Lok Sabha. The same applies to a Lok Sabha member who contests an election to Rajya Sabha. [Sec 69 read with Sec 67A, RPA 1951]
