Answer By law4u team
Constitution Of India Article 100: 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. {1}[(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.]
Note
1. Cls. (3) and (4) omitted by the Constitution (Forty-second Amendment) Act, 1973, s. 18 (date not notified). This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45 (w.e.f. 20-6-1979). .
Brief Detail
Article 100 governs the voting process in Parliament, the validity of proceedings despite vacancies, and quorum requirements. It ensures that all decisions are taken by a majority of the members present and voting, with the Speaker or Chairman casting a vote only in case of a tie. It also stipulates the minimum quorum as one-tenth of the total members to conduct proceedings.
Question & Answers
What is the role of the Speaker or Chairman in voting?
The Speaker or Chairman does not vote in the first instance but exercises a casting vote in case of a tie.
What happens if a House does not have a quorum during a session?
If there is no quorum, the Speaker, Chairman, or acting official must adjourn the session or suspend the meeting until the quorum is met.
How does Article 100 address vacancies in Parliament?
It ensures that the functioning of the Houses is not hampered by vacancies, and proceedings remain valid even if an unauthorized person inadvertently participates.
Example
If a decision on a bill in the Lok Sabha results in a tie with equal votes for and against, the Speaker will cast the deciding vote. Additionally, if quorum is not met during a session, the meeting will be paused until the required number of members are present.
Summary
Article 100 ensures orderly functioning of Parliament by defining voting procedures, validating proceedings despite vacancies, and stipulating quorum requirements to maintain legislative efficiency.
