Question

When will the Member of Parliament (MP) seat become vacant?
1. Parliament is not present in session for more than 60 days
2. If MP changes party after election
3. If he is appointed as the President or the Governor of a State
4. If he is involved in a contract of public works

Answer 1

Correct Answer - Option 1 : Parliament is not present in session for more than 60 days

The correct answer is Parliament is not present in session for more than 60 days.

• A seat of M.P. can be declared vacant if he absents himself from the house for a continuous period of two months.
• 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.
• The seat of a member of the Parliament becomes vacant in the following circumstances:-
  • A member of parliament can resign from his seat.
  • The resignation letter is addressed to the Chairman of Rajya Sabha and Speaker of Lok Sabha.
  • The Chairman or Speaker can declare the seat vacated if a member has remained absent from all its meetings for a period of 60 days without permission.
  • If a member has been elected as President or Vice-President or has been appointed as Governor of a state, his seat will be vacated.

• Parliamentary System of Government in India:
  • The executive is responsible to the legislature for its policies and acts.
  • The Constitution of India provides for a parliamentary form of government, both at the Centre and in the States.
  • Articles 74 and 75 deal with the parliamentary system of government at the Union level and Articles 163 and 164 contain provisions with regard to the States.
  • The parliamentary system in India is borrowed from the Government of India Act 1935.
• Elements and Features of Parliamentary System are:
  • Nominal and Real Head:
    • The head of the state holds a ceremonial position and is the nominal executive.
    • For example, the President.
  • The executive is a Part of Legislature:
    • The Executive forms a part of the legislature.
    • In India, the person should be a member of parliament to become a member of the executive.
    • However, the constitution provides that a person can be appointed as a minister for a period of not more than six consecutive months if he is not a member of the parliament, after which the person ceases to be a minister.
  • Majority Party Rule:
    • The party which wins majority seats in the elections of the Lower House forms the government.
    • In India, the President invites the leader of the majority party in Lok Sabha to form the government.
    • The President appoints the leader as the Prime Minister and the other ministers are appointed by the President on the advice of the Prime Minister.
    • The President may invite a coalition of parties to form the government, in case, no party has got the majority.