Article 190 of Constitution of India – Vacation of seats
Article 190 of Constitution of India deals with Vacation of seats
Original Text of Article 190 of Constitution of India
(1) No person shall be a member of both Houses of the Legislature of a State and provision shall be made by the Legislature of the State by law for the vacation by a person who is chosen a member of both Houses of his seat in one house or the other.
(2) No person shall be a member of the Legislatures of two or more
States specified in the First Schedule and if a person is chosen a member of the Legislatures of two or more such States, then, at the expiration of such period as may be specified in rules1 made by the President, that person’s seat in the Legislatures of all such States shall become vacant, unless he has previously
resigned his seat in the Legislatures of all but one of the States.
(3) If a member of a House of the Legislature of a State—
(a) becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 191]; or
[(b) resigns his seat by writing under his hand addressed to the speaker or the Chairman, as the case may be, and his resignation is accepted by the Speaker or the Chairman, as the case may be,] his seat shall thereupon become vacant: [Provided that in the case of any resignation referred to in sub-clause (b), if from information received or otherwise and after making such inquiry as he thinks fit, the Speaker or the Chairman, as the case may be, is satisfied that such resignation is not voluntary or genuine, he shall not accept such resignation.]
(4) If for a period of sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings thereof, the House may declare his seat vacant:
Provided that in computing the said period of sixty days no account shall be taken of any period during which the House is prorogued or is adjourned for more than four consecutive days.
Questions related to Article 190 of Constitution of India
Article 190 outlines the conditions under which a member of a State Legislature vacates their seat, including resignation, absence without permission, or disqualification, as per the Constitution of India.
A member can resign in writing to the Speaker or Chairman, and if the resignation is voluntary and genuine, the seat is declared vacant, as interpreted in rulings available on Indian Kanoon.
If a member remains absent without permission for 60 consecutive days while the House is in session, their seat may be declared vacant under Article 190 of the Indian Constitution.
Yes, the Speaker or Chairman can refuse to accept a resignation if they believe it is not voluntary or genuine, a safeguard built into Article 190, and often referenced in case law on Indian Kanoon.
You can visit Indian Kanoon for case laws, constitutional commentaries, and judicial decisions that elaborate on resignation procedures, disqualifications, and seat vacation under Article 190 of the Indian Constitution.
For Further Reference:
Other Related Links:
