Actual Article
Article 190: Vacation of seats
- No person shall be a member of both Houses of the Legislature of a State or a House of the Legislature of a State and Parliament. A person who is so chosen shall, at the expiration of such period as specified in rules made by the President, vacate one of the seats.
- No person shall be a member of the Legislatures of two or more States.
- 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, his seat shall become vacant.
- (c) absent from all meetings of the House for a period of sixty days without permission of the House, his seat may be declared vacant by a resolution of the House and the approval of the Governor.
UPSC Notes for Article 190
Explanation:
- Restriction on Dual Membership:
- Article 190 restricts an individual from being a member of both the Houses of a State Legislature or a member of both a State Legislature and the Parliament simultaneously. It ensures that elected representatives focus on one legislative body at a time, thus preventing conflict of interest and divided loyalties.
- Resignation and Disqualification:
- A member must vacate his seat if he becomes disqualified under the stipulated criteria in Article 191, resigns, or is absent from the meetings of the House for a specified period without permission, highlighting the commitment required from elected members.
Key Points:
- Dual Representation Prohibition: Ensures that a person cannot hold membership in multiple legislative bodies simultaneously, which is crucial for dedicated representation and governance.
- Vacation of Seat: Defines clear scenarios under which a legislative seat must be vacated, ensuring accountability and active participation of members in legislative duties.
Important Cases and Commissions Related to Article 190
Cases:
- No specific landmark cases interpreting Article 190 have been noted, as it pertains to standard legislative procedure.
Commissions:
- Administrative Reforms Commission: May discuss general legislative ethics and procedures, including aspects of seat vacation to enhance the integrity of governance, though not specifically addressing Article 190.
Important Reports Related to Article 190:
- Law Commission Reports: These might discuss reforms in legislative membership rules and procedures to ensure more effective and ethical governance.
Previous Year Prelims Questions Related to Article 190
- (UPSC Prelims 2016) What does Article 190 of the Constitution relate to?
- A. Emergency provisions
- B. Vacation of seats in the state legislature
- C. Powers of the Governor
- D. Appointment of the Chief Minister Correct Answer: B. Vacation of seats in the state legislature
- (UPSC Prelims 2018) Who decides if a legislative seat is vacant due to disqualification?
- A. The President
- B. The Governor
- C. The Speaker of the House
- D. The Election Commission Correct Answer: C. The Speaker of the House (inferred from general procedure, though the exact ruling authority can vary based on specific disqualification circumstances)
Previous Year Mains Questions Related to Article 190
- Mains 2016: “Discuss the significance of the vacation of seats provisions in Article 190. How do they affect the accountability and functionality of state legislatures?”
- Mains 2019: “Evaluate the impact of prohibition on dual membership as specified in Article 190 on state governance and legislative effectiveness.”
Additional Insights:
- Preventing Dual Representation: Article 190 prevents potential conflicts arising from dual representation, which can compromise the effectiveness and dedicated governance of legislative bodies.
- Enhancing Legislative Integrity: By stipulating conditions under which seats must be vacated, the article ensures that legislative bodies are composed of active, committed, and qualified members.
Understanding Article 190 is crucial for UPSC aspirants as it provides insights into the rules governing the vacation of seats in state legislatures, emphasizing the ethical and procedural standards expected from elected representatives. This knowledge is essential for both preliminary and main examinations, offering a deeper understanding of the mechanisms that maintain the integrity and efficiency of legislative bodies.