Article 190 of Indian Constitution Vacation of seats.
Article 190 Vacation of seats – 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 1 [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.
🏛️ Article 190 – Vacation of Seats (State Legislatures)
Constitution of India – Simplified Summary with Visual Guide
🔹 Clause (1): Dual Membership in Same State
- 🚫 A person cannot be a member of both:
- 🏛️ Legislative Assembly (Vidhan Sabha)
- 🏛️ Legislative Council (Vidhan Parishad)
- ✅ If elected to both → State Legislature decides which seat is vacated (via law).
🔹 Clause (2): Membership in Multiple States
- 🚫 A person cannot be a member of Legislatures of two or more States.
- ✅ If elected to more than one:
- Must resign from all but one.
- ❗ If not → All seats vacated after a time period set by Presidential rules.
🔹 Clause (3): Grounds for Vacancy
A member’s seat becomes vacant if:
- (a) ❌ Disqualified under Article 191(1) or (2)
- (b) 📝 Resigns in writing to:
- Speaker (if MLA)
- Chairman (if MLC)
AND resignation is accepted
⚠️ Not accepted if resignation is not voluntary/genuine.
🔹 Clause (4): Prolonged Absence
- ❌ If a member is absent for 60 days without permission → House may declare seat vacant.
- 📌 Exclusion: Days when House is adjourned for >4 days or prorogued are not counted.