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.
(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.
Amendments
The Constitution (Forty-second Amendment) Act 1976, vide its section 31, omitted clauses (3) and (4) of article 189. Section 45 of the Constitution (Forty fourth Amendment) Act 1978, however, reverted to status quo ante and restored both these clauses (3) and (4) by omitting section 31 of the 1976 Amendment Act.
Judicial Interpretation
Article 189(4) of the Constitution making the quorum mandatory cannot be abrogated by an Ordinance or a law passed by the Legislature. Quorum is a constitutional requirement. An ordinance could never provide that quorum shall not be necessary.
Analysis and Comment
Article 189 corresponds to article 100. The latter provides for Voting, Quorum etc. in the Houses of Parliament. The provisions are very similar. Article 189 in essence provides—
- That all decisions in a House of the State Legislature are by a majority vote of the members present and voting (except where provided otherwise as in the case of removal of the Speaker or Deputy Speaker/Chairman or the Deputy Chairman where special majority is provided).
- The Presiding Officer does not vote except in case of a tie where he has to exercise the right to a casting vote to enable the House to take a decision. The casting vote is usually given in favour of continuing the status quo. In Tamil Nadu once, on 9 February, 1982, the Speaker used his casting vote as many as seven times.
- The validity of the proceedings of the House is not affected by (a) any vacancy in the House, (b) participation in the debate and voting by a person not eligible to be present/to vote.
- The State Legislature can lay down by law a quorum for constituting a sitting of its House(s). Until that is done, a quorum of 10 or one-tenth of the membership, whichever is more, is provided.
- If at any time, there is no quorum, the House must be adjourned according to article 189 (4). However, a practice or convention has developed whereunder a quorum is presumed unless questioned. It is, of course ensured at the beginning of the sitting.
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