Vacation of seats

Quick Summary (TL;DR)

Article 190 (Vacation of seats): Regulates State Legislative Assemblies (Vidhan Sabha) and Legislative Councils under Part VI.

In Simple Citizen Words

Article 190 ('Vacation of seats') in Part VI, Chapter III governs the State Legislature (Vidhan Sabha and, where applicable, Vidhan Parishad). It sets the constitutional rules for composition of Assemblies, MLA qualifications/disqualifications, sessions, Speaker/Deputy Speaker duties, passage of State Bills and Budgets, assent to Bills (Arts 200–201), and legislative privileges. Specifically: (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...

Key Constitutional Provisions

Constitutional Mandate (Art. 190): Directly codifies the legal rule for 'Vacation of seats' under Part VI

Structured across 6 clause(s) and 3 sub-clause(s) with explicit constitutional provisos/safeguards

Exercises of constitutional office under this article must follow aid, advice, and established constitutional conventions

Exceptions & Reasonable Restrictions

State Legislatures must legislate within the State and Concurrent Lists (Seventh Schedule) and cannot violate Fundamental Rights or constitutional procedures.

Why This Matters in Daily Life

Guarantees democratic law-making and budget scrutiny at the state level through your elected MLAs.

Want deeper legal & historical context? Explore the official Bare Act or Supreme Court Precedents & CAD Debates:

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Dr. B. R. Ambedkar & K. M. Munshi

Drafting Committee Leaders • June 2–3, 1949

🏛️ Constituent Assembly Debates (1946–1949)

Core Constitutional Debate & Dilemma

Framing context for Article 190: Empowering directly elected State Legislative Assemblies (Vidhan Sabhas) over state subjects and budgets while allowing States the option to create or abolish a second chamber (Vidhan Parishad).

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"The Legislative Assembly directly elected by adult franchise is the primary sovereign forum of the people in each State, holding the State Cabinet accountable for every rupee of state revenue."

Assembly Resolution & Final Synthesis

Constitutional resolution in Article 190: Codified Articles 168–213 regulating State Legislatures, flexible creation/abolition of Legislative Councils (Art 169), Money Bill procedures, and time-bound assent to State Bills (Art 200).

🏛️ Constitutional Significance: During the Constituent Assembly deliberations, Article 190 was codified as an integral pillar of India's constitutional governance.

Official Constitutional Text (Gazette Bare Act)

Authoritative statutory text as enacted and amended by Parliament • Clause-by-Clause Statutory Breakdown

India Code • Govt. of India Archive

Clause (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.

Clause (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 rules1 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.

Clause (3)

If a member of a House of the Legislature of a State —

Sub-clause (a)

becomes subject to any of the disqualifications mentioned in clause (1) or clause (2) of article 191; or

Sub-clause (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.

Clause (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.

Public Domain & Statutory Authenticity Notice

Under Section 52(1)(q) of the Indian Copyright Act, 1957, the Constitution of India, Bare Acts of Parliament, Gazette Notifications, and Judicial Judgments of the Supreme Court and High Courts are in the Public Domain. Text is reproduced from the official Legislative Department, Ministry of Law & Justice, Government of India (India Code) archives.

Then vs Now: Constitutional Evolution & Visual Diff

Vacation of seats

🟡 Textually Amended Since 1950 Baseline: Jan 26, 1950 → Today

ORIGINAL BASELINE (1950)

Enacted on 26 January 1950 by the Constituent Assembly as part of the original 395 Articles (Vacation of seats). Subsequently refined through 1 Constitutional Amendment(s) to meet evolving democratic and governance needs.

CURRENT ENFORCEABLE STATUS (TODAY)

Enforceable Today with Amended Clauses: Article 190 (Vacation of seats): Regulates State Legislative Assemblies (Vidhan Sabha) and Legislative Councils under Part VI.

Key Amendment Milestones & Textual Modifications

33rd Constitutional Amendment Act, 1974 — Protected MPs & MLAs from Forced Resignations

Year 1974

Why it happened: Empowered the Speaker/Chairman to verify that an MP or MLA’s resignation is voluntary and genuine before accepting it.

                                    Amended (101, 190): Protected MPs & MLAs from Forced Resignations                                

Article 189 Ask Nyaya Saarthi AI About This Article Article 191

Emergency Citizen Helplines

Vacation of seats

Official Constitutional Text (Gazette Bare Act)

Then vs Now: Constitutional Evolution & Visual Diff

Key Amendment Milestones & Textual Modifications