Article 190 Simplified: Vacation of seats

Official Text

(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.

Simple Meaning

Article 190 is the 'Seat-Keeper' of State Legislatures. It has four rules: 1) No one can be a member of both Houses (Assembly + Council) of the same state at the same time—if elected to both, they must choose one. 2) No one can be a member of Legislatures of two or more states simultaneously—they must eventually keep only one. 3) A seat becomes vacant if a member becomes disqualified or voluntarily resigns (and the Speaker/Chairman verifies the resignation is genuine and not forced). 4) If a member is absent without permission for 60 continuous days, the House can declare their seat vacant.

Explain Like Ten

Imagine winning two seats in a game but only being allowed to sit in one chair. Article 190 says the same thing to MLAs: you can only hold one legislative seat at a time—no double-dipping. And if you just stop showing up for 60 days without telling anyone, you lose your seat!

Student Mode

Article 190 covers four vacancy scenarios: (1) dual membership of both Houses of the same state, (2) dual membership across multiple states, (3) disqualification or genuine voluntary resignation, and (4) unauthorized 60-day continuous absence. The 60-day rule excludes days when the House itself is prorogued or adjourned for more than 4 consecutive days.

Example

Imagine an MLA in Maharashtra who gets elected to the Legislative Council as well. Under Article 190, they cannot hold both seats—they must give up one within the time set by the President's rules. Similarly, if an MLA stops attending the Assembly for 60 days without leave, the Assembly can vote to declare their seat vacant.

Key Takeaway

Article 190 ensures that a seat in a State Legislature is actively used—no double seats, no ghost membership.

FAQs

Can a person be an MLA in both Maharashtra's Assembly and Legislative Council at the same time?

No. Article 190(1) prohibits membership in both Houses of the same state. The state legislature must make a law requiring the person to vacate one seat.

What happens if a member remains absent for 60 days without permission?

The House may declare their seat vacant. But days when the House itself is prorogued or adjourned for more than 4 consecutive days are excluded from the 60-day count.

Quiz

If an MLA resigns from the State Assembly, who must verify the resignation is genuine before accepting it?

Answer: The Speaker or Chairman of the House

How many continuous days of unauthorized absence can lead to a seat being declared vacant under Article 190?

Answer: 60 days

Related Topics

• Article 189
• Article 191