The Constitution provides circumstances in which the seat of a member of a State Legislature becomes vacant.
The main constitutional provision is:
Article 190 — Vacation of seats
It deals with situations such as:
The provision applies to members of both:
Article 190 deals with vacation of seats in the State Legislature.
Related provisions include:
Vacation of a seat means:
The seat of a member ceases to be occupied by that member and becomes vacant.
This may happen because of:
Therefore:
Vacation of seat → Membership seat becomes vacant
A person cannot simultaneously be a member of:
Both Houses of the Legislature of the same State
For example, a person cannot simultaneously hold membership in:
If a person is chosen as a member of both Houses, State law provides for the vacation of one of the seats.
Therefore:
One State + Two Houses → Cannot hold both seats
A person cannot simultaneously be a member of the Legislatures of:
Two or more States
If a person is elected to the Legislatures of two or more States, their seats in all such States will become vacant after the period specified by the rules made by the President, unless the person has previously resigned their seat in all but one State.
Therefore:
One Person → One State Legislature at a time
Under Article 190(3), a member's seat becomes vacant if the member becomes subject to any of the disqualifications mentioned in:
Article 191(1) or Article 191(2)
These include constitutional and statutory disqualifications.
Therefore:
Article 191 disqualification → Article 190 vacation of seat
A member may resign their seat by:
Writing under their hand
addressed to:
However, resignation does not automatically become effective merely because it is submitted.
It must be:
Accepted by the Speaker or Chairman
The Constitution provides an important safeguard.
If the Speaker or Chairman is satisfied, after making such inquiry as considered necessary, that the resignation is:
the resignation:
Shall not be accepted.
Therefore:
Resignation → Must be voluntary + genuine
For a member of the:
Legislative Assembly
the resignation is addressed to the:
Speaker
Sequence:
Assembly Member
↓
Written Resignation
↓
Speaker
↓
Acceptance
↓
Seat Becomes Vacant
9. Resignation — Council
For a member of the:
Legislative Council
the resignation is addressed to the:
Chairman
Sequence:
Council Member
↓
Written Resignation
↓
Chairman
↓
Acceptance
↓
Seat Becomes Vacant
10. Prolonged Absence
A member's seat may be declared vacant if the member is:
Absent for 60 days
from:
All meetings of the House
without permission of the House.
The House may declare the seat vacant.
Therefore:
60 days absence ≠ Automatic vacation
The House has the power to declare the seat vacant.
11. Important 60-Day Rule
The 60-day period does not include periods during which:
The House is prorogued
The House is adjourned for more than four consecutive days
Therefore, the constitutional calculation is specific.
Memory:
60 days → Unauthorised absence
Exclude → Prorogation + adjournment exceeding 4 consecutive days
12. Is 60-Day Absence Automatic?
No.
Article 190(4) says the House:
May declare the seat vacant.
Therefore:
60 Days Absence
↓
House considers the matter
↓
House may declare
seat vacant
This is an important UPSC Prelims trap.
13. Vacation vs Disqualification
These concepts are related but different.
Disqualification
A person becomes constitutionally or legally disqualified from being a member.
Vacation
The existing seat becomes vacant as a consequence of specified circumstances.
Therefore:
Disqualification → Ground
Vacation → Consequence
14. Vacation vs Resignation
Resignation
A member voluntarily gives up the seat.
Vacation
The seat becomes vacant after the constitutional requirements are satisfied.
Resignation is therefore one of the grounds through which a seat can become vacant.
15. Vacation vs Dissolution
These are completely different.
Vacation of Seat
Concerns:
Individual member
Dissolution
Concerns:
Entire Legislative Assembly
Therefore:
Member's seat → Vacation
Assembly → Dissolution
16. Vacation and Legislative Council
The Legislative Council is a:
Permanent House
However, individual Council members can vacate their seats.
Therefore:
Permanent House ≠ Permanent Membership
Council members normally serve six-year terms and one-third retire every two years, but individual seats may become vacant earlier under Article 190.
17. Vacation and Legislative Assembly
The Legislative Assembly is a:
Temporary House
Individual members can vacate their seats before the Assembly itself ends.
Possible grounds include:
Resignation
Disqualification
Simultaneous membership
Prolonged unauthorised absence
A vacancy in one seat does not dissolve the entire Assembly.
18. By-Election
When an individual seat becomes vacant before the normal end of the House's term, a:
By-election
may be held according to the applicable election law.
The purpose is to fill the vacant seat.
Therefore:
Vacancy of one seat ≠ Fresh general election for entire House
19. Simultaneous Membership — Assembly and Council
A person cannot simultaneously be:
MLA + MLC
in the same State.
If elected to both Houses, the applicable State law determines which seat is to be vacated.
This prevents:
Dual Membership within the Same State Legislature
20. Simultaneous Membership of Two States
A person cannot simultaneously represent:
Two or more State Legislatures
If elected in multiple States, the constitutional rules provide for vacation of seats after the prescribed period unless the member resigns from all but one State Legislature.
This prevents:
Dual State Legislative Membership
21. Oath and Vacation
Article 188 requires a member to take an oath or affirmation before taking their seat.
Article 190 deals with circumstances in which the seat becomes vacant.
Article 193 provides a penalty for sitting or voting before taking the oath or while knowingly disqualified.
Therefore:
Article 188 → Oath
Article 190 → Vacation
Article 193 → Penalty
22. Speaker and Chairman's Role
The Speaker and Chairman have specific responsibilities concerning resignation.
Speaker
Deals with resignation of:
Assembly Members
Chairman
Deals with resignation of:
Council Members
They must also ensure that the resignation is:
Voluntary + Genuine
before accepting it.
23. Judicial Review and Resignation
The constitutional requirement that resignation must be voluntary and genuine prevents members from being forced or manipulated into resigning.
The Speaker or Chairman may conduct an inquiry before accepting the resignation if there is reason to doubt its voluntariness or genuineness.
This protects:
Freedom of Legislative Membership
24. UPSC Prelims Facts
Article 190 deals with vacation of seats in State Legislature.
A person cannot be a member of both Houses of the Legislature of the same State.
State law provides for vacation when a person is chosen as a member of both Houses.
A person cannot simultaneously be a member of the Legislatures of two or more States.
A seat becomes vacant when a member becomes subject to Article 191 disqualification.
A member may resign by writing addressed to the Speaker or Chairman.
Resignation must be accepted to become effective.
Speaker handles resignation of Assembly members.
Chairman handles resignation of Council members.
Resignation must be voluntary and genuine.
Speaker or Chairman may refuse to accept a resignation if satisfied that it is not voluntary or genuine.
A House may declare a seat vacant if a member is absent for 60 days without permission.
The 60-day calculation excludes periods of prorogation.
It also excludes periods when the House is adjourned for more than four consecutive days.
Sixty days' absence does not automatically vacate the seat.
Legislative Council is permanent, but individual Council seats can become vacant.
Vacation of an individual seat is different from dissolution of the Assembly.
Article 193 deals with penalties for sitting and voting before oath or while knowingly disqualified.
25. UPSC Prelims Traps
Trap 1
"Sixty days of absence automatically vacates the member's seat."
False
The House may declare the seat vacant.
Trap 2
"Sixty days include the period during which the House is prorogued."
False
The period of prorogation is excluded.
Trap 3
"Any resignation automatically vacates the seat."
False
The resignation must be accepted by the Speaker or Chairman.
Trap 4
"Speaker accepts resignation of Council members."
False
The Chairman accepts resignation of Legislative Council members.
Trap 5
"Governor accepts resignation of State Legislators."
False
Assembly members resign to the Speaker.
Council members resign to the Chairman.
Trap 6
"Resignation can be rejected for political reasons."
Incorrect
The constitutional safeguard concerns whether the resignation is voluntary and genuine.
Trap 7
"Disqualification and vacation of seat are the same concept."
False
Disqualification is a ground; vacation is the resulting vacancy of the seat.
Trap 8
"Permanent Legislative Council means its members cannot vacate their seats."
False
The Council is permanent, but individual seats can become vacant.
Trap 9
"Vacancy of one seat dissolves the Legislative Assembly."
False
An individual vacancy does not dissolve the House.
Trap 10
"A person can be an MLA and MLC of the same State simultaneously."
False
A person cannot be a member of both Houses of the same State Legislature simultaneously.
26. Easy Memory Trick
Article Chain
188 → Oath
190 → Vacation
191 → Disqualification
193 → Penalty
Resignation
Assembly Member
↓
Speaker
Council Member
↓
Chairman
60-Day Rule
60 Days
↓
Absent from all meetings
↓
Without House permission
↓
House MAY declare seat vacant
Remember:
Prorogation excluded
Adjournment > 4 consecutive days excluded
27. Quick Revision
VACATION OF SEAT
↓
Article 190
↓
┌──────────────┬──────────────┬──────────────┬──────────────┐
↓ ↓ ↓ ↓
Dual House Dual State Disqualification Resignation
Membership Membership / Absence
↓
60 Days
Without
Permission
For resignation:
MLA → Speaker
MLC → Chairman
For absence:
60 Days
↓
House MAY
declare seat vacant
28. Mains Perspective
The provisions relating to vacation of seats maintain the integrity of representative institutions.
They prevent:
Dual legislative membership
Continued membership after disqualification
Unauthorised prolonged absence
Forced or non-genuine resignation
At the same time, the constitutional safeguards ensure that an elected representative does not lose their seat arbitrarily.
The framework therefore balances:
Representative Mandate
with:
Constitutional Eligibility and Legislative Accountability
29. Reform Perspective
The system can be strengthened through:
Transparent Resignation Procedures
Resignations should be processed promptly while ensuring voluntariness.
Clear Absence Rules
Members should communicate legitimate reasons for prolonged absence.
Public Disclosure
Vacancies and their causes should be clearly recorded and made accessible.
Timely By-Elections
Vacant constituencies should be filled within the applicable electoral framework.
Constitutional Awareness
Legislators should understand the consequences of disqualification, resignation and prolonged absence.
The objective should be:
Accountable Membership + Continuity of Representation
30. Conclusion
Article 190 provides the constitutional framework for vacating seats in the State Legislature.
The key points are:
Dual House Membership → Not permitted
Dual State Membership → Not permitted
Disqualification → Seat becomes vacant
Resignation → Speaker/Chairman + Acceptance
Resignation → Must be voluntary and genuine
60 Days' Unauthorised Absence → House may declare seat vacant
The easiest memory chain is:
188 → Oath
190 → Vacation
191 → Disqualification
193 → Penalty
Thus, the rules governing vacation of seats protect both:
Constitutional Integrity
and:
Continuity of Democratic Representation
The constitutional text confirms these Article 190 rules, including the 60-day absence provision, the exclusions for prorogation and adjournment of more than four consecutive days, and the requirement that resignation be accepted and be voluntary and genuine.