Part VI: The States

Chapter VI: Disqualifications of Members

Article 190: Vacation of Seats

Overview of Article 190: Vacation of Seats

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(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 rules 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.

Explanations

Article 190 of the Indian Constitution outlines provisions regarding the vacating of legislative seats in the Legislature of a State. This article ensures that members of state legislatures cannot hold conflicting memberships across multiple Houses or States, thereby maintaining the integrity and singularity of representation. The article contains four clauses that collectively address the vacation of seats in various scenarios, incorporating amendments over time to enhance the legislative structure’s robustness.

Clause-by-Clause Explanation

  • Clause (1) - Prohibition of Dual Membership in Both Houses of a State Legislature: Prohibits dual membership in both Houses of a State Legislature.
  • Clause (2) - Prohibition of Membership in Legislatures of Multiple States: Prohibits holding seats in Legislatures of multiple States simultaneously.
  • Clause (3) - Disqualification and Resignation: Allows for seat vacation if disqualified under Article 191 or upon voluntary resignation.
  • Clause (4) - Absence without Permission: Provides for seat vacation if a member is absent without permission for 60 days.

Real-Life Examples

  • Karnataka Case: In Karnataka, a member elected to both the Legislative Assembly and Council was required to vacate one seat, upholding singular legislative representation.
  • Madhya Pradesh 2020 Resignation: In Madhya Pradesh, the Speaker verified the voluntary nature of several MLA resignations, ensuring authenticity.
  • Telangana 2017: A Telangana MLA’s seat was declared vacant after being absent without permission for over 60 days.

Historical Significance and Amendments

The Thirty-third Amendment Act of 1974 amended sub-clause (b) of Article 190(3) to emphasize genuine resignations and prevent coercion. The Fifty-second Amendment Act, 1985 further linked Article 190 to Article 191, strengthening accountability and procedural integrity.

Debates and Deliberations

Dr. B.R. Ambedkar proposed adding a clause to prevent simultaneous membership in multiple states, which was adopted. Mohd. Tahir suggested removing redundant clauses but was rejected. Shri H.V. Kamath's proposals on recall and death vacancies were also declined.

References

  • Prohibition of Simultaneous Membership Rules, 1950
  • Thirty-third Amendment Act, 1974
  • Fifty-second Amendment Act, 1985
Article 189 Article 191