Constitution of India · Section Article 189
Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
Article 189 — 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 a House of the Legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman, or person acting as such. The Speaker or Chairman, 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) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State 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 the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or one-tenth of the total number of members of the House, whichever is greater. (4) If at any time during a meeting of the Legislative Assembly or the Legislative Council of a State there is no quorum, it shall be the duty of the Speaker or Chairman, 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 state legislative bodies (like State Assemblies), stating that a majority of members present and voting decides matters. It also gives the House the power to continue functioning even if some members are absent, and sets rules for when a meeting can legally take place (quorum).
Key Points
- Decisions in a State Legislature are made by a simple majority of those members who are actually 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.
- The House can continue its work even if some members are missing, and proceedings remain valid even if someone unauthorized participated.
- A minimum number of members (quorum) must be present for a meeting to be valid, usually ten members or one-tenth of the total strength, whichever is higher.
Why It Matters
This article ensures that legislative work can proceed smoothly even with some absences and prevents procedural roadblocks by defining clear rules for voting and maintaining quorum.
Landmark Judgements
No major landmark judgements.