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What is Article 190 of indian constitution

 

📜 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:
  • (a) They resign in writing to the Speaker (Assembly) or Chairman (Council), and the resignation is accepted;

  • (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:

  • Prevents dual representation and unauthorized absence.

  • Gives Speaker/Chairman power to verify the resignation.

  • Protects against forced resignations or political pressure.

  • Ensures members are active participants in legislative work.


⚠️ Real-World Relevance:

  • Used during party switching, rebellions, or fake resignations.

  • 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