What is Article 190 of Indian Constitution – Defination & Meaning

Article 190: Vacation of seats (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
📅 Part VI – The States
🏷️Active

📚 UPSC Relevant

Article Number

190

part

Part VI – The States

Status

Active

Bare Acts Text

Article 190: Vacation of seats

  • (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.
READ ALSO  What is Article 68 of Indian Constitution - Defination & Meaning

Full Definition & Explanation

Article 190 of the Indian Constitution outlines the rules for the vacation of seats in the State Legislature. It ensures that no individual can be a member of both Houses of a State Legislature simultaneously. If a person happens to be elected to both Houses, they must choose one and vacate the other, as decided by the State Legislature. This provision helps maintain clarity and responsibility in legislative roles, preventing any overlap that could lead to conflicts of interest. Also, the article specifies that if a person is elected to the legislatures of multiple states, their seats in all but one state must be vacated unless they resign. This rule promotes accountability among legislators, ensuring they represent only one constituency at a time. The article also addresses scenarios where a member might become disqualified due to specific reasons, such as not adhering to the qualifications set in Article 191. In such cases, the member’s seat will be declared vacant. Additionally, if a member is absent from the House for sixty days without permission, their seat can also be declared vacant. This clause encourages active participation in legislative duties. However, periods when the House is prorogued or adjourned are not counted in this sixty-day limit. Overall, Article 190 plays a key role in ensuring the effective functioning of State Legislatures by enforcing clear rules on membership and attendance.

Historical Context

It ensures that no individual can be a member of both Houses of a State Legislature simultaneously. If a person happens to be elected to both Houses, they must choose one and vacate the other, as decided by the State Legislature. This provision helps maintain clarity and responsibility in legislative roles, preventing any overlap that could lead to conflicts of interest. Also, the article specifies that if a person is elected to the legislatures of multiple states, their seats in all but one state must be vacated unless they resign.

Key Features

– No individual can be a member of both Houses of a State Legislature.
– Members elected to two state legislatures must resign from one.
– Seats can be declared vacant for disqualification reasons outlined in Article 191.
– A member absent for sixty days without permission can lose their seat.
– Periods of prorogation do not count toward the sixty-day absence limit.

Importance & Impact

– Ensures clarity in legislative representation across state assemblies
– Promotes accountability by preventing dual membership in legislatures
– Encourages active participation from legislators through attendance rules
– Helps maintain the integrity of the legislative process in states.
– Reduces potential conflicts of interest among elected representatives

Sample UPSC Question

Which of the following statements regarding Article 190 is correct? A) It allows dual membership in state legislatures. B) A member can resign without any conditions. C) A member may lose their seat after sixty days of absence. D) Members of both Houses are elected simultaneously. Choose the correct option.? Analyze these options carefully in light of the constitutional distribution of legislative and executive powers.

Answer

The correct answer is C. Article 190 states that if a member is absent for sixty days without permission, their seat can be declared vacant. This reinforces the need for active participation in the legislative process. Article 190 of the Indian Constitution outlines the rules for the vacation of seats in the State Legislature.

Key Takeaways

✓ A member cannot serve in both Houses of a State Legislature.
✓ Members elected to multiple states must choose one to retain.
✓ Seats can become vacant due to absence or disqualification.
✓ The sixty-day absence rule encourages attendance
✓ Prorogued or adjourned periods do not count against absence.

FAQs

Article 190 of the Indian Constitution outlines the rules for the vacation of seats in the State Legislature. It ensures that no individual can be a member of both Houses of a State Legislature simultaneously. If a person happens to be elected to both Houses, they must choose one and vacate the other, as decided by the State Legislature.

The article also addresses scenarios where a member might become disqualified due to specific reasons, such as not adhering to the qualifications set in Article 191. In such cases, the member’s seat will be declared vacant. Additionally, if a member is absent from the House for sixty days without permission, their seat can also be declared vacant.

This clause encourages active participation in legislative duties. However, periods when the House is prorogued or adjourned are not counted in this sixty-day limit. Overall, Article 190 plays a key role in ensuring the effective functioning of State Legislatures by enforcing clear rules on membership and attendance. Article 190 of the Indian Constitution outlines the rules for the vacation of seats in the State Legislature.

Related Articles

Editor-in-Chief Pramod

Founder and Editor-in-Chief at StudyHub. Pramod has spent over 7 years tracking Indian government recruitments and analyzing exam trends. He oversees the StudyHub editorial board, managing a dedicated team of subject-matter experts across History, Polity, Geography, Geology, and General Sciences. His mission is to ensure that every job alert and study resource published on StudyHub is 100% verified, accurate, and helpful for competitive exam aspirants.
Scroll to Top