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The Constitution of India in English 2026: page 76

The Constitution of India in English 2026, India Code delivered snapshot ed1820c0a1100c2c, physical page 76, typed edition 223d395df4de00897c78a4c0a752b32348d86f7c4f7013254fd4e03da46ceca0. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:32:36Z. SHA-256 ed1820c0a1100c2c6aa8ece835a8c8a60f996ae7eba30cc1798233683c66cfba.

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Source cover/preface date: 10th September, 2026. Preface amendment statement: Constitution (One Hundred and Sixth Amendment) Act, 2023. Embedded PDF title: Constitution of India_ 20 MAY 2026 (final).pdf. These are distinct source labels, not currentness or commencement approval.

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45                       THE CONSTITUTION OF INDIA
                                (Part V.—The Union)

       (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
       3
         [clause (1) or clause (2) of article 102]; or
             4
            [(b) resigns his seat by writing under his hand addressed to the
                                                           e
                                                      od
       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:
                                                aC
       5                                    di
           [Provided that in the case of any resignation referred to in sub-clause (b),
                                         In
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.


1. The words and letters "specified in Part A or Part B of the First Schedule" omitted by
   the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956).
2. Subs. by s. 29 and Sch., ibid., for "such a State" (w.e.f. 1-11-1956).
 See the Prohibition of Simultaneous Membership Rules, 1950, published with the
   Ministry of Law, notifn. No. F. 46/50-C, dated the 26th January, 1950, Gazette of
   India, Extraordinary, P. 678.
3. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 2, for "cl. (1) of art.
   102" (w.e.f. 1-3-1985).
4. Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 2 (w.e.f. 19-5-1974).
5. Ins. by s.2, ibid. (w.e.f. 19-5-1974).

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