Articles 190 and 191 of the Constitution of India: Vacation of Seats and Disqualifications for Membership
Articles 190 and 191 form part of the constitutional framework governing membership of State Legislative Assemblies and Legislative Councils. Article 190 deals with circumstances in which a seat becomes vacant, while Article 191 specifies constitutional grounds of disqualification for being chosen as, and for being, a member of a State Legislature.
| Provision | Subject | Key effect |
|---|---|---|
| Article 190 | Vacation of seats | Regulates dual membership, resignation, disqualification and prolonged absence from a House of a State Legislature. |
| Article 191 | Disqualifications for membership | Lists constitutional disqualifications and incorporates disqualification under the Tenth Schedule. |
Article 190 - Vacation of seats
Article 190 addresses when a member's seat in a State Legislature must or may become vacant. It covers simultaneous membership of both Houses of the same State, membership of Legislatures of more than one State, disqualification, resignation and absence without permission.
Article 190(1): Membership of both Houses of a State Legislature
No person may remain a member of both Houses of a State Legislature. State law must provide for vacation of one of the seats where a person is chosen to both Houses.
Article 190(2): Membership of Legislatures of two or more States
A person cannot continue as a member of the Legislatures of two or more States specified in the First Schedule. If elected to more than one such State Legislature, the relevant seats become vacant after the period prescribed by rules made by the President unless the person has already resigned from all but one.
Article 190(3): Disqualification and resignation
A seat becomes vacant if the member becomes subject to a disqualification mentioned in Article 191(1) or Article 191(2), or resigns by writing addressed to the Speaker or Chairman, as applicable, and the resignation is accepted.
The Constitution further provides that where the Speaker or Chairman, after receiving such information and making such inquiry as considered appropriate, is satisfied that the resignation is not voluntary or genuine, the resignation shall not be accepted.
Article 190(4): Absence from meetings
If, for sixty days, a member is absent from all meetings of the House without its permission, the House may declare the seat vacant. In computing that period, periods during which the House is prorogued or adjourned for more than four consecutive days are excluded.
Article 191 - Disqualifications for membership
Article 191 states when a person is constitutionally disqualified from being chosen as, or from being, a member of the Legislative Assembly or Legislative Council of a State.
Article 191(1): Constitutional grounds of disqualification
A person is disqualified if the person:
(a) holds an office of profit under the Government of India or the Government of a State specified in the First Schedule, unless State law declares that office not to disqualify its holder;
(b) is of unsound mind and stands so declared by a competent court;
(c) is an undischarged insolvent;
(d) is not a citizen of India, has voluntarily acquired citizenship of a foreign State, or is under an acknowledgment of allegiance or adherence to a foreign State; or
(e) is disqualified by or under a law made by Parliament.
The Explanation to Article 191(1) clarifies that a person is not treated as holding an office of profit merely because the person is a Minister for the Union or for a State.
Article 191(2): Tenth Schedule disqualification
Article 191(2) provides that a person is disqualified for being a member of a State Legislative Assembly or Legislative Council if disqualified under the Tenth Schedule. The Tenth Schedule contains the constitutional provisions commonly associated with disqualification on the ground of defection.
How Articles 190 and 191 operate together
Article 191 identifies disqualifications, while Article 190(3)(a) connects those disqualifications to vacation of a seat. Questions concerning whether a sitting member has become subject to a disqualification under Article 191(1) are dealt with by Article 192. Tenth Schedule questions follow the separate constitutional mechanism contained in that Schedule.
Statutory disqualifications under the Representation of the People Act, 1951
For Article 191(1)(e), the Representation of the People Act, 1951 is particularly relevant. Its provisions include disqualifications connected with conviction for specified offences, corrupt practices, dismissal for corruption or disloyalty, certain government contracts, offices under government companies and failure to lodge election-expense accounts. The precise application of a disqualification depends on the applicable statutory provision and the facts of the case.
Official legal sources
For the authoritative constitutional text and current statutory provisions, consult the Legislative Department, Ministry of Law and Justice - Constitution of India and the India Code portal. These official sources should be checked for amendments and the latest text before relying on a provision in a legal proceeding.
This page provides general legal information and is not a substitute for advice on the facts of a particular case.