📜 Article 190 of the Indian Constitution
Title: Vacation of seats
🔹 Text Summary of Article 190:
Article 190 deals with the circumstances under which a seat of a Member of the State Legislature (Legislative Assembly or Council) becomes vacant.
📌 Clause-wise Breakdown:
| Clause | Provision |
|---|---|
| (1) | A Member’s seat becomes vacant if: |
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(a) They resign in writing to the Speaker (Assembly) or Chairman (Council), and the resignation is accepted;
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(b) They absent themselves from all meetings for 60 days without permission. |
| (2) | If a Member is elected to both Houses of the State Legislature (Assembly & Council), they must vacate one seat as per rules. |
| (3) | If a Member is elected to two or more State Legislatures, they must vacate one seat within the time prescribed by Parliament. |
| (4) | Resignation validity is checked by the Speaker/Chairman—if they believe it’s not voluntary or genuine, they may refuse to accept it. |
🧠Key Takeaways:
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Prevents dual representation and unauthorized absence.
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Gives Speaker/Chairman power to verify the resignation.
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Protects against forced resignations or political pressure.
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Ensures members are active participants in legislative work.
⚠️ Real-World Relevance:
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Used during party switching, rebellions, or fake resignations.
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Common in anti-defection cases where resignations are under scrutiny.
✅ Example: In Karnataka and Maharashtra political crises, Article 190 was invoked to check whether MLAs' resignations were voluntary and genuine.
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 101 | Similar provision for Members of Parliament |
| 191 | Disqualifications for State Legislature members |
| 193 | Penalty for unlawful sitting or voting |
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