Answer By law4u team
Constitution Of India 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{1} 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 {2}clause (1) or clause (2) of article 191; or {3}(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. {4}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.
Note
1. See the Prohibition of Simultaneous Membership Rules, 1950 published by the Ministry of Law Notification number F. 46/50-C, dated the 26th January, 1950, Gazette of India, Extraordinary, p. 678.
2. Subs. by the Constitution (Fifty-second Amendment) Act, 1985, s. 4, for clause (1) of article 191 (w.e.f. 1-3-1985).
3. Subs. by the Constitution (Thirty-third Amendment) Act, 1974, s. 3 (w.e.f. 19-5-1974).
4. Ins. by s. 3, ibid. (w.e.f. 19-5-1974).
Brief Detail
Article 190 regulates the vacation of seats for members of the Legislature of a State. It defines situations where a person's seat will be considered vacant, including disqualification, resignation, and prolonged absence from meetings. The article ensures that a person cannot be a member of both Houses of a State Legislature or the Legislatures of multiple States simultaneously.
Question & Answers
Can a person be a member of both Houses of the State Legislature?
No, a person cannot be a member of both Houses of the Legislature of a State. If elected to both, they must vacate one of the seats according to the law made by the State Legislature.
What happens if a person is a member of the Legislatures of two or more States?
If someone is elected to the Legislature of more than one State, their seat in all States will become vacant after a period specified by rules made by the President, unless they resign from all but one seat.
What causes a member’s seat to become vacant in the House of the Legislature of a State?
A member's seat may become vacant if they are disqualified, resign and have their resignation accepted by the Speaker or Chairman, or are absent for more than sixty days without permission from the House.
What is the rule regarding absence from meetings?
If a member is absent for sixty consecutive days without permission, their seat may be declared vacant. However, periods during which the House is prorogued or adjourned for more than four consecutive days are not counted in this period.
Example
For example, if a member of the Legislative Assembly of a State is elected to the Legislative Council of another State, they must vacate one of the seats. If they resign from their seat in the Legislative Assembly, the Speaker can only accept the resignation after confirming it is voluntary. If a member misses sixty days of meetings without proper leave, the House may declare their seat vacant.
Summary
Article 190 ensures that no individual can hold multiple legislative seats in different Houses or States. It provides clarity on the vacation of seats for reasons such as disqualification, resignation, and absence, promoting accountability and preventing misuse of legislative positions.
