Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
Article 100 — Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
- Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.—(1) Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as Chairman or Speaker. The Chairman or Speaker, or person acting as such, shall not vote in the first instance, but shall have and exercise a casting vote in the case of an equality of votes. (2) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament shall be valid notwithstanding that it is discovered subsequently that some person who was not entitled so to do sat or voted or otherwise took part in the proceedings. (3) Until Parliament by law otherwise provides, the quorum to constitute a meeting of either House of Parliament shall be one-tenth of the total number of members of the House.
(4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.] Disqualifications of Members
Plain English Summary
This article explains how decisions are made in Parliament, ensuring that a majority of those present and voting decides matters. It also gives Parliament the power to continue functioning even if some members are absent or if someone was wrongly involved in proceedings. Finally, it sets the rule for what constitutes a quorum (the minimum number of members needed for a meeting).
Key Points
- Decisions in Parliament are made by a simple majority of those present and voting.
- The Speaker or Chairman cannot vote initially but can use a 'casting vote' only if there is an exact tie in votes.
- A House can continue its business even if some members are missing (vacancy).
- The quorum required for a meeting is generally one-tenth of the total membership.
Why It Matters
This article ensures that Parliament can function effectively and make decisions even when there are absences or minor procedural issues, maintaining the legislative process.
Landmark Judgements
No major landmark judgements.