Answer By law4u team
Constitution Of India Article 189: 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.
{1}(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.
Note
1. Omitted by the Constitution (Forty-second Amendment) Act, 1976, s. 31 (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 189 outlines the procedure for voting in the Houses of the Legislature of a State, how proceedings can continue despite vacancies or quorum issues, and the rules around casting votes. It specifies how the Speaker or Chairman may exercise their casting vote in the event of a tie and establishes a minimum quorum for the meetings.
Question & Answers
How are questions determined in a sitting of the House?
All questions are determined by a majority vote of the members present and voting, excluding the Speaker or Chairman, who only votes in the event of a tie, using their casting vote.
Can the House continue its proceedings if there are vacancies in its membership?
Yes, the House may continue its proceedings despite any vacancies in the membership, and such proceedings remain valid even if it is later discovered that someone not entitled to participate did so.
What is the quorum for a House of the Legislature of a State to meet?
Until the Legislature of the State enacts otherwise, the quorum to constitute a meeting of a House is ten members or one-tenth of the total number of members of the House, whichever is greater.
What happens if there is no quorum during a meeting?
If there is no quorum during a meeting, the Speaker or Chairman must either adjourn the House or suspend the meeting until the quorum is met.
Example
For example, during a legislative session in a state, if there is a tie vote on a bill, the Speaker would cast the deciding vote to break the tie. Even if some members' seats are vacant, the session can still proceed legally. If the number of members present falls below the quorum required, the meeting may be suspended until the necessary members are present.
Summary
Article 189 ensures the smooth functioning of the State Legislature even when faced with vacancies, quorum issues, or a tie vote. It outlines the process for determining questions by majority vote, handling vacancies, and maintaining quorum requirements for meetings.
