ARTICLES 190, 191 AND 192 – STATE LEGISLATURE

ARTICLES 190, 191 AND 192 – STATE LEGISLATURE (CONCISE NOTES)

ARTICLE 190: VACATION OF SEATS

1. Membership of Both Houses of State Legislature

• A person cannot be a member of both Houses (Legislative Assembly and Legislative Council) of a State.
• If elected to both, he must vacate one seat as per law made by the State Legislature.

2. Membership of Legislatures of Multiple States

• A person cannot be a member of Legislatures of two or more States.
• If elected from multiple States:
  • He must resign from all but one State within the period specified by the President.
  • Otherwise, all seats become vacant.

3. Conditions for Vacation of Seat

(a) Disqualification

• If a member becomes subject to any disqualification under Article 191, his seat becomes vacant.

(b) Resignation

• A member may resign by writing to the Speaker (Assembly) or Chairman (Council).
• The resignation must be:
  • Voluntary
  • Genuine
• If the presiding officer is not satisfied, the resignation may be rejected.

4. Absence from the House

• If a member is absent for 60 days without permission, the House may declare the seat vacant.
• Exclusion:
  • Periods when the House is prorogued
  • Adjournment for more than 4 consecutive days

ARTICLE 191: DISQUALIFICATIONS FOR MEMBERSHIP

1. Grounds of Disqualification

A person is disqualified if:

(a) Office of Profit

• Holds an office of profit under Government (except those exempted by law)

(b) Unsound Mind

• Declared of unsound mind by a competent court

(c) Insolvency

• Is an undischarged insolvent

(d) Citizenship

• Not a citizen of India
• Has acquired foreign citizenship
• Shows allegiance to a foreign State

(e) Disqualification by Law

• Disqualified under any law made by Parliament

Important Clarification

• Being a Minister (Union or State) does not amount to holding an office of profit

2. Disqualification under Anti-Defection Law

• A member is disqualified if he is liable under the Tenth Schedule (Anti-Defection Law)

ARTICLE 192: DECISION ON DISQUALIFICATION

1. Authority for Decision

• If a question arises regarding disqualification under Article 191:
  • It is decided by the Governor of the State
  • The decision is final

2. Role of Election Commission

• Before deciding, the Governor:
  • Must obtain the opinion of the Election Commission
  • Must act according to that opinion

KEY SUMMARY (EXAM READY)

• Article 190: Deals with vacation of seats
• Article 191: Specifies grounds of disqualification
• Article 192: Provides authority and procedure for decision

IMPORTANT POINTS

• Dual membership in State Legislature or multiple States is not allowed
• Resignation must be voluntary and genuine
• 60-day absence without permission can lead to vacancy of seat
• Governor decides disqualification but is bound by Election Commission’s opinion
• Anti-defection provisions apply under Tenth Schedule

ARTICLE 102: DISQUALIFICATIONS (PARLIAMENT)

1. Grounds of Disqualification

• Office of Profit under Government of India/State
• Unsound mind
• Undischarged insolvent
• Citizenship issues
• Disqualification under Parliamentary law

Explanation

• Minister is not considered office of profit

2. Anti-Defection

• Disqualification under Tenth Schedule

ARTICLE 103: DECISION ON DISQUALIFICATION (PARLIAMENT)

1. Authority

• Question of disqualification → referred to the President of India
• Decision of President is final

2. Role of Election Commission

• President must:
  • Obtain Election Commission’s opinion
  • Act according to that opinion

COMPARATIVE UNDERSTANDING