Consider the following statements:
Statement-I:
The seat of a member of the State Legislative Assembly automatically becomes vacant if they become a member of Parliament.
Statement-II:
A person cannot be a member of both the State Legislative Assembly and Parliament at the same time, as per the provisions of the Representation of the People Act, 1951.

Which one of the following is correct in respect of the above statements?
(a) Both Statement-I and Statement-II are correct, and Statement-II is the correct explanation for Statement-I.
(b) Both Statement-I and Statement-II are correct, but Statement-II is not the correct explanation for Statement-I.
(c) Statement-I is correct, but Statement-II is incorrect.
(d) Statement-I is incorrect, but Statement-II is correct.

Question

Consider the following statements:
Statement-I:
The seat of a member of the State Legislative Assembly automatically becomes vacant if they become a member of Parliament.
Statement-II:
A person cannot be a member of both the State Legislative Assembly and Parliament at the same time, as per the provisions of the Representation of the People Act, 1951.

Which one of the following is correct in respect of the above statements?
(a) Both Statement-I and Statement-II are correct, and Statement-II is the correct explanation for Statement-I.
(b) Both Statement-I and Statement-II are correct, but Statement-II is not the correct explanation for Statement-I.
(c) Statement-I is correct, but Statement-II is incorrect.
(d) Statement-I is incorrect, but Statement-II is correct.

ONLiNE UPSC · Accepted Answer

● Statement-I is incorrect: According to the Representation of the People Act, 1951, if a person is a member of both a State Legislative Assembly and Parliament, they do not automatically lose one seat. Instead, they are required to vacate one seat within 14 days of being elected to the other house. The person has the choice of which seat to retain. If they do not resign from the State Legislative Assembly seat within 14 days, their Parliament seat becomes vacant.

● Statement-II is correct: The Representation of the People Act, 1951 prohibits a person from being a member of both the State Legislative Assembly and Parliament simultaneously. This provision is in place to avoid conflicts of interest and to ensure that representatives focus on their respective duties at the state or national level, but not both simultaneously.

State Legislative Assembly and Parliament

Vacation of seat and dual membership

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M Question 1	⏱ 0
Consider the following statements: Statement-I: The seat of a member of the State Legislative Assembly automatically becomes vacant if they become a member of Parliament. Statement-II: A person cannot be a member of both the State Legislative Assembly and Parliament at the same time, as per the provisions of the Representation of the People Act, 1951. Which one of the following is correct in respect of the above statements? (a) Both Statement-I and Statement-II are correct, and Statement-II is the correct explanation for Statement-I. (b) Both Statement-I and Statement-II are correct, but Statement-II is not the correct explanation for Statement-I. (c) Statement-I is correct, but Statement-II is incorrect. (d) Statement-I is incorrect, but Statement-II is correct.