Article 190 of the Costitution of India with Case law
Here is a detailed explanation of Article 190 of the Constitution of India, including its text, meaning, and important case law:
🧾 Article 190 – Vacation of Seats
🔹 Text of Article 190:
(1) No person shall be a member of both Houses of the Legislature of a State, and if a person is chosen a member of both Houses, then at the expiration of such period as may be prescribed by the rules made by the Governor, that person shall vacate one of the seats or both seats if he does not do so.
(2) No person shall be a member of the Legislatures of two or more States at the same time.
(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 Chairman (as the case may be),
his seat shall thereupon become vacant.
(4) If for sixty days a member of a House of the Legislature of a State is without permission of the House absent from all meetings, the House may declare his seat vacant.
Explanation: In calculating the said period of sixty days, no account shall be taken of any period during which the House is prorogued or adjourned for more than four consecutive days.
🧩 Interpretation and Key Points
| Clause | Key Meaning |
|---|---|
| Clause (1) | A person cannot be a member of both Houses of a State Legislature simultaneously. |
| Clause (2) | A person cannot be a member of more than one State Legislature at a time. |
| Clause (3) | A seat is vacated if the member is disqualified (Art. 191) or resigns. |
| Clause (4) | Absence for 60 days without permission can result in the seat being declared vacant. |
⚖️ Important Case Law on Article 190
1. Ravi S. Naik v. Union of India, (1994) Supp (2) SCC 641
Facts: Concerned with the resignation of legislators and anti-defection law.
Held:
Resignation under Article 190(3)(b) must be voluntary and genuine.
If the Speaker believes the resignation is not voluntary, he can refuse to accept it.
Linked Article 190 with the Tenth Schedule (anti-defection).
2. K.C. Chandy v. R. Balakrishna Pillai, AIR 1986 Ker 116
Issue: Whether resignation under Article 190 is valid if made under duress or coercion.
Held: The resignation must be free and voluntary. If not, the Speaker/Chairman is not bound to accept it.
This protects the dignity of the legislature and prevents misuse or forced resignations.
3. G. Vishwanathan v. Speaker, Tamil Nadu Assembly, (1996) 2 SCC 353
Linked with Article 190 and the anti-defection law.
Confirmed that once disqualified, the seat is vacated under Article 190(3)(a).
Reinforced that the Speaker’s decision under the Tenth Schedule triggers Article 190 vacation.
📌 Practical Scenarios of Article 190
Dual Membership: If someone is elected to both Assembly and Council in a state, they must resign from one seat, or Governor's rules decide.
Absenteeism: If an MLA is absent without leave for 60 days, the House can declare the seat vacant.
Resignation: Must be submitted in writing, is not automatic, and must be accepted by the Speaker or Chairman.
Disqualification: If disqualified under Article 191 (e.g., holding office of profit, unsound mind, insolvent), the seat is vacated.
✅ Summary Table
| Feature | Description |
|---|---|
| Article Number | 190 |
| Main Purpose | Rules about vacation of seats in State Legislatures |
| Disqualification Linked | Article 191 |
| Key Requirements | No dual membership, voluntary resignation, attendance requirement |
| Important Cases | Ravi Naik (1994), K.C. Chandy (1986), G. Vishwanathan (1996) |
| Speaker’s Role | Must ensure resignation is voluntary before accepting |
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