Article 190

Article 190 of the Constitution of India lays down the conditions under which a member’s seat in a State Legislature becomes vacant. It provides a constitutional mechanism to prevent dual membership, ensure attendance, and maintain the integrity of legislative representation. By defining the circumstances that lead to the vacation of seats, the Article ensures that the legislative process remains transparent, orderly, and in alignment with democratic principles.

Constitutional Purpose and Background

The inclusion of Article 190 in the Constitution was intended to avoid conflicts of interest, prevent misuse of legislative positions, and ensure that every constituency retains active and accountable representation. It parallels Article 101 of the Constitution, which provides similar rules for Members of Parliament, thereby maintaining uniformity across both Union and State legislatures.
The Article also safeguards legislative dignity by regulating resignations, disqualifications, and attendance requirements, ensuring that legislative offices are held only by individuals genuinely committed to public service.

Key Provisions of Article 190

1. Prohibition of Dual Membership within the State Legislature Article 190(1) states that no individual can simultaneously be a member of both Houses of a State Legislature. In states with a bicameral system, a person elected to both the Legislative Assembly and the Legislative Council must vacate one seat according to rules prescribed by the Legislature.
This prohibition ensures a clear separation of representation and prevents concentration of legislative authority in one individual. It also guarantees equal opportunity for participation in governance across both Houses.
2. Prohibition of Membership in Multiple State LegislaturesThe Article further prohibits an individual from being a member of the legislatures of two or more States at the same time. If a person is elected to multiple State Legislatures, they must resign from all but one seat within the period prescribed by the President of India through statutory rules.
This restriction upholds the federal structure of the country by ensuring that each State Legislature represents the will of its own electorate without overlapping mandates.
3. Disqualification Leading to Vacation of Seat  A member’s seat becomes vacant if they are disqualified under the provisions of Article 191(1) or Article 191(2).

• Article 191(1) specifies disqualifications such as holding an office of profit, unsoundness of mind, insolvency, or loss of citizenship.
• Article 191(2) provides for disqualification under the Tenth Schedule, which deals with defection from political parties.

Thus, disqualification under any of these grounds automatically results in the vacation of the member’s seat, ensuring ethical and lawful conduct among legislators.
4. Resignation from MembershipA member may voluntarily resign from their seat by submitting a written resignation to the Speaker (for the Legislative Assembly) or the Chairman (for the Legislative Council).
However, the Speaker or Chairman is empowered to refuse acceptance if the resignation is found to be not voluntary or genuine. This safeguard was introduced to prevent coercion, inducement, or manipulation in the process of resignation.
The verification of voluntariness maintains the integrity of the legislative process and prevents resignation from being used as a political or procedural tool.
5. Absence from House Leading to Vacation of Seat A seat in the Legislature may also become vacant if a member remains absent from all meetings of the House for a period of sixty days without permission. This provision encourages active participation and accountability among legislators.
The Constitution specifies certain exceptions:

• The period during which the House is prorogued (formally discontinued without dissolution) is excluded.
• Any period during which the House is adjourned for more than four consecutive days is also not counted within the sixty days.

These exceptions ensure fairness while maintaining the principle that elected representatives must regularly attend and contribute to legislative proceedings.

Judicial Interpretations and Landmark Case Laws

K. Prabhakaran v. P. Jayarajan (2005)The Supreme Court clarified that disqualification under Article 191 directly leads to the vacation of a seat under Article 190. The Court reiterated the importance of adherence to constitutional eligibility criteria for maintaining the legitimacy of legislative membership.
Rameshwar Prasad v. Union of India (2006)The Court discussed issues related to disqualification and the validity of legislative elections, emphasising that the power to declare a seat vacant must always adhere to the constitutional framework and principles of natural justice.
K. K. Verma v. Union of India (1954)This case addressed the issue of dual membership, holding that simultaneous membership in both Houses or in more than one State Legislature violates the constitutional principle of exclusive representation.
These judicial interpretations have reinforced that the provisions of Article 190 are mandatory in nature and cannot be circumvented by procedural loopholes.

Legislative Provisions and Rules

The specific procedures for implementing Article 190 are laid down through rules framed by State Legislatures and statutory orders by the President under the Representation of the People Act, 1951. These rules provide timelines for resignations, mechanisms for verification of voluntary intent, and methods for recording absences.
Each State Legislature also maintains internal regulations that ensure transparency and record-keeping in matters of membership and attendance.

Implications of Resignation and Disqualification

Ensuring Voluntariness and AuthenticityThe Speaker’s authority to verify resignations serves as an important constitutional check against political manipulation or undue influence. This provision was notably invoked in several cases of mass resignations in State Legislatures, where the genuineness of members’ intentions was questioned.
Maintaining RepresentationBy providing for vacation of seats in cases of prolonged absence or disqualification, Article 190 ensures that constituencies are not left unrepresented for long periods, thereby maintaining the democratic continuity of governance.
Preventing Conflict of InterestThe prohibition on dual membership within or across States ensures that a legislator’s allegiance and responsibilities remain clear and focused, preventing overlapping obligations or divided loyalties.

Related Constitutional Articles

• Article 101: Corresponding provision for Members of Parliament concerning vacation of seats.
• Article 191: Specifies grounds for disqualification from State Legislatures.
• Tenth Schedule: Deals with disqualification due to defection from a political party.
• Article 192: Provides for the decision-making process regarding disqualifications by the Governor.

Together, these provisions form a coherent framework regulating the eligibility, conduct, and accountability of members of the State Legislature.

Practical Implications

• Ensures attendance discipline and regular participation of legislators.
• Prevents individuals from holding multiple legislative offices simultaneously.
• Enables timely filling of vacant seats through by-elections.
• Upholds the public trust by ensuring that members serve their full term sincerely.