Can a person be a member of both Houses?

This question was previously asked in
RPF SI (2018) Official Paper (Held On: 19 Dec, 2018 Shift 1)
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  1. Yes
  2. Yes, during financial emergency
  3. Yes, during a national emergency
  4. No

Answer (Detailed Solution Below)

Option 4 : No
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Detailed Solution

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The correct answer is No

Key Points

  • A person cannot be a member of both the Houses of Parliament simultaneously.
  • The Constitution of India prohibits dual membership in both Lok Sabha (House of the People) and Rajya Sabha (Council of States).
  • If a person is elected to both the Houses, they must vacate one seat according to the rules and notifications issued by the Election Commission of India.
  • This rule ensures that the principle of separation of powers and checks and balances within the legislative branch is maintained.

Additional Information

  • The Constitution of India was adopted by the Constituent Assembly on 26th November 1949 and came into effect on 26th January 1950.
  • It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens.
  • The Constitution of India is the longest written constitution of any country in the world.
  • It declares India a sovereign, socialist, secular, and democratic republic, assuring its citizens justice, equality, and liberty, and endeavors to promote fraternity.
  • The Seventh Schedule of the Constitution contains three lists which delineate the subjects under the Union, State, and Concurrent lists.
  • Amendments to the Constitution can be made through a process outlined in Article 368.
  • The dual membership prohibition is in place to ensure effective governance and representation within the legislative framework.
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