Vacation of seats
Article 190 — Vacation of seats
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.
Plain English Summary
This article explains the conditions under which a seat in a State Legislature becomes vacant. A seat can become vacant if a person is elected to the legislature of two or more states, if they face certain disqualifications, resign their seat, or are absent without permission for a specified period.
Key Points
- A person cannot be a member of the legislatures of two or more specified States.
- If a person is elected to multiple State Legislatures, their seat in all those legislatures becomes vacant after a specified time unless they have resigned from all but one.
- A seat becomes vacant if a member faces disqualifications mentioned in Article 191 or if they voluntarily resign by writing to the Speaker or Chairman.
- A member can also have their seat declared vacant if they are absent from all meetings for sixty days without permission.
Why It Matters
This article establishes clear rules for when a legislative seat is no longer valid, ensuring that representation remains legitimate and adhering to constitutional requirements regarding membership.
Landmark Judgements
No major landmark judgements.