What is Vacation of seats? What is Disqualifications for membership? Article 190 and 191 of Constitution of India, 1949
Vacation of seats and Disqualifications for membership are defined under Article 190 and 191 of Constitution of India 1949. Provisions under these Article are:
Article 190 of Constitution of India "Oath or affirmation by members"
(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.
(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 rules 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.
(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 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 becomes vacant:
Article 191 of Constitution of India "Disqualifications
(1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State-
(a) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder;
(b) if he is of unsound mind and stands so declared by a competent court;
(c) if he is an undischarged insolvent;
(d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgement of allegiance or adherence to a foreign State;
(e) if he is so disqualified by or under any law made by Parliament.
Explanation.- For the purposes of this clause, a person shall not be deemed to hold an office of profit under the Government of India or the Government of any State specified in the First Schedule by reason only that he is a Minister either for the Union or for such State.
(2) A person shall be disqualified for being a member of the Legislative Assembly or Legislative Council of a State if he is so disqualified under the Tenth Schedule.
What is Decision on questions as to disqualifications of members? What is the Penalty for sitting and voting before making oath or affirmation under Article 188 or when not qualified or when disqualified? Article 192 and 193 of Constitution of India, 1949
What are the Powers, privileges, etc., of the House of Legislatures and of the members and committees thereof? What is Salaries and allowances of members? Article 194 and 195 of Constitution of India, 1949
What are the Provisions as to introduction and passing of Bills? What is Restriction on powers of Legislative Council as to Bills other than Money Bills? Article 196 and 197 of Constitution of India, 1949