This question is often asked in competitive exams, general awareness quizzes, and even casual discussions — “Can an MP be a part of both Lok Sabha and Rajya Sabha at the same time?”. Let’s break down this mystery with a clear explanation and examples, especially useful for students, aspirants, and curious minds.
Can an MP Be a Member of Both Houses?
No. As per the Indian Constitution:
As per the Representation of the People Act, 1951, and the Indian Constitution:
- A person cannot simultaneously hold membership in both houses (Lok Sabha & Rajya Sabha).
- If a person gets elected to both, they must resign from one seat within 14 days. As dual membership in the Parliament of India is unconstitutional.
- Failing to do so will automatically cancel the Rajya Sabha seat.
Example: If someone wins a Lok Sabha election while already being a Rajya Sabha member, they must choose which seat to keep.
Who Can Attend Both Houses?
Only Union Ministers (like Home Minister, Finance Minister, Defence Minister, etc.) are allowed to:
- Attend and speak in both Lok Sabha and Rajya Sabha, regardless of which house they belong to.
- But they can vote only in the house they are officially a member of.
This is allowed under “Article 88” of the Indian Constitution.
Why This Rule Exists
👉 This rule is backed by Article 88 of the Constitution.
The rule allows ministers to:
- Explain government policies in both houses.
- Explain their particular ministry’s actions.
- Answer questions and give statements during debates or crises.
- It maintains a clear structure in our bicameral parliamentary system.
- It prevents conflicts of interest and ensures accountability of ministers.
- Allows key ministers to respond to debates in both houses when national matters are discussed.
Real Example – Amit Shah (Home Minister)
- He is a Lok Sabha MP from Gujarat.
- But as the Home Minister of India, he can:
- Speak in Rajya Sabha, especially during discussions related to national security or internal affairs.
- Answer questions posed by MPs of both houses.
- But can cast his vote only in the Lok Sabha.
- Speak in Rajya Sabha, especially during discussions related to national security or internal affairs.
What Regular MPs Do
A regular MP (not a minister):
- A Lok Sabha MP cannot speak in Rajya Sabha debates and vice versa.
- Can participate, speak, and vote only in the house they are elected.
