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
for membership"
(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.