Chapter 8, Part 2 · Art. 103

Vacation of office of member of Parliament

2010-as-amended · effective 2010-08-27

Official text

(1) The office of a member of Parliament becomes vacant—
  (a) if the member dies;
  (b) if, during any session of Parliament, the member is absent from eight sittings of the relevant House without permission, in writing, from the Speaker, and is unable to offer a satisfactory explanation for the absence to the relevant committee;
  (c) if the member is otherwise removed from office under this Constitution or legislation enacted under Article 80;
  (d) if the member resigns from Parliament in writing to the Speaker;
  (e) if, having been elected to Parliament—
    (i) as a member of a political party, the member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or
    (ii) as an independent candidate, the member joins a political party;
  (f) at the end of the term of the relevant House; or
  (g) if the member becomes disqualified for election to Parliament under Article 99(2)(d) to (h).
(2) Parliament shall enact legislation providing for the circumstances under which a member of a political party shall be deemed, for the purposes of clause (1)(e), to have resigned from the party.

In simple words

The office of a member of Parliament becomes vacant if the member dies, resigns, is absent without permission, or is disqualified.
Art. 103(1)
(1) The office of a member of Parliament becomes vacant— (a) if the member dies; (b) if, during any session of Parliament, the member is absent from eight sittings of the relevant House without permission, in writing, from the Speaker, and is unable to offer a satisfactory explanation for the absence to the relevant committee; (c) if the member is otherwise removed from office under this Constitution or legislation enacted under Article 80; (d) if the member resigns from Parliament in writing to the Speaker; (e) if, having been elected to Parliament— (i) as a member of a political party, the member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or (ii) as an independent candidate, the member joins a political party; (f) at the end of the term of the relevant House; or (g) if the member becomes disqualified for election to Parliament under Article 99(2)(d) to (h).
Read the full article →
If a member elected through a party resigns from that party, their seat becomes vacant.
Art. 103(1)(e)(i)
(i) as a member of a political party, the member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or
Read the full article →

Kids explanation

An MP's seat becomes empty if they die, resign, or stop following the rules.
Art. 103(1)
(1) The office of a member of Parliament becomes vacant— (a) if the member dies; (b) if, during any session of Parliament, the member is absent from eight sittings of the relevant House without permission, in writing, from the Speaker, and is unable to offer a satisfactory explanation for the absence to the relevant committee; (c) if the member is otherwise removed from office under this Constitution or legislation enacted under Article 80; (d) if the member resigns from Parliament in writing to the Speaker; (e) if, having been elected to Parliament— (i) as a member of a political party, the member resigns from that party or is deemed to have resigned from the party as determined in accordance with the legislation contemplated in clause (2); or (ii) as an independent candidate, the member joins a political party; (f) at the end of the term of the relevant House; or (g) if the member becomes disqualified for election to Parliament under Article 99(2)(d) to (h).
Read the full article →