Article 190: Vacation of seats

The Constitution of IndiaCentral Constitution · 1950

About this text. The article text here was extracted from the official PDF automatically and is known to be incomplete: some articles are cut short and run into the next article’s heading, and none of the twelve Schedules are present, including the Seventh Schedule. The official PDF is complete; treat it as the record.

(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 rules1 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— 1See the Prohibition of Simultaneous Membership Rules, 1950 published with the Ministry of Law Notification No. F. 46/50-C, dated the 26th January, 1950, Gazette of India, Extraordinary, p. 678.

Where this provision sits

Act	The Constitution of India
Article	190
Marginal note	Vacation of seats
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	4

Judgments that turned on this provision

WP/21941/2025 of JAYAMANGALA VENKATA RAMANA Vs THE STATE OF ANDHRA PRADESHHigh Court of Andhra Pradesh · 2025-11-27
ELECTION COMMN.OF INDIA vs TELANGANA RASTRA SAMITHI & ANRSupreme Court of India · 2010-12-03
MCA/780/2005 of SHRI MATHANY SALDANHA, ST. INEZ, PANJIM GOA. Vs SHRI JITENDAR DESHPRABHU AND ANRBombay High Court · 2006-02-13

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