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Article 190 Of Indian Constitution In English
Article 190 – Vacation of seats.
(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 persons 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 th Speaker or the Chairman, as the case may be, his seat shall thereupon becomes 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.
(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.
Article 190 In English
190 Article – Vacation of seats.
(1) No person shall be a member of both the Houses of the Legislature of a State and provision shall be made by the Legislature of the State for leave by a person who is chosen to be a member of both the Houses of his seat. home or otherwise.
(2) No person shall be a member of the Legislatures of two or more States referred to in the First Schedule and if any person is chosen to be a member of the Legislatures of two or more such States, on the expiration of such term as the President shall be specified in the rules made by the State Government, that the seats of persons in the Legislatures of all such States shall become vacant, unless they have previously resigned from their seats in the Legislatures of all the States except one.
(3) If a member of either House of the Legislature of a State.
(a) becomes subject to any of the disqualifications referred to in clause (1) or clause (2) of article 191; either
(b) resigns from his seat under his signature addressed to the Speaker or the Speaker, as the case may be, and his resignation is accepted by the Speaker or the Speaker, as the case may be, after his seat becomes vacant Provided that in the case of a resignation referred to in sub-clause (b), if, from the information received or otherwise, and after making such inquiry as he thinks fit, the Speaker or the Chairperson, as the case may be, is satisfied that such resignation is voluntary or is not genuine, he will not accept such resignation.
(4) If for a period of sixty days a member of the House of the Legislature of a State remains absent from all its sittings without the leave of the House, the House may declare his seat vacant: Provided that 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.
Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.
What Is Article 190 Of Indian Constitution?
In Article 190 you see “Vacation of seats” that means (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. more above.
Article 190 Debate Summary
Draft Article 166 (Article 190) was debated on 2 June 1949. It laid down the circumstances in which a member’s seat would be considered vacant. The Chairman of the Drafting Committee proposed the inclusion of clause (1A) which would vacate a seat if the member concerned is elected to two or more State Legislatures. In the light of the above amendment, he further proposed to remove clause (2).
Both the amendments were accepted without debate. A member proposed the insertion of a new sub-clauses (c) and (d) in clause (3), which would vacate his seat in the event of the death of a member, or if he had to ‘failure to vote in his constituency. was called back by him to properly discharge his duties’. He pointed out that a similar sub-clause on vacancy caused by death of a person applies to draft Articles 51 (Article 62) and 55 (Article 68) in relation to vacancies in the office of the President and Vice-President respectively. This amendment was rejected without debate. The amended draft article was adopted on 2 June 1949.
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