Part VI - The States • Article

Article 189 Simplified: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

Establishes that decisions in state legislative houses are determined by a majority of votes of the members present and voting. The Speaker/Chairman does not vote initially but holds a casting vote in case of a tie. It also defines the minimum quorum (10 members or 1/10th of the house strength, whichever is greater) required to conduct business.

Official Text

(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.]

Simple Meaning

Explain Like Ten

Meetings need a minimum number of people to happen (at least 10 or one-tenth of the members). Decisions are made by simple majority vote, and the leader only votes if there is a tie.

Student Mode

Establishes voting rules (simple majority of present and voting), deprives the Speaker/Chairman of a vote in the first instance while granting them a casting vote in case of a tie, validates proceedings despite vacancies, and sets the default quorum at 10 members or one-tenth of the house strength.

Example

During a vote on a state bill, if 100 MLAs are present, 51 votes are needed to pass it. If the vote is tied at 50-50, the Speaker exercises their casting vote to break the tie. If only 8 MLAs show up (below the 10-member quorum minimum), the Speaker must adjourn the sitting.

Key Takeaway

Decisions are made by simple majority vote, with the presiding officer voting only to break ties; sessions require a minimum quorum to operate.

FAQs

How are questions decided in a legislative house?

By a majority of votes of the members present and voting, other than the Speaker or Chairman.

When does the Speaker or Chairman vote?

They do not vote in the first instance, but must exercise a casting vote to break a tie if votes are equal.

What is the quorum for a sitting of the State Legislature?

Unless the legislature decides otherwise by law, it is ten members or one-tenth of the total number of members of the House, whichever is greater.

What is the duty of the Speaker or Chairman if there is no quorum?

It is their constitutional duty to either adjourn the House or suspend the meeting until there is a quorum.

Are proceedings valid if an unauthorized person is found to have voted?

Yes, Article 189(2) protects the validity of legislative proceedings even if it is later discovered that an unqualified person sat, voted, or took part.

Quiz

What is the default quorum required to constitute a meeting of a state legislative house?

Answer: 10 members or one-tenth of the members (whichever is greater)

Under Article 189, when can the Speaker or Chairman vote?

Answer: Only to break a tie (casting vote)

If a meeting lacks quorum, what is the duty of the presiding officer?

Answer: Adjourn the House or suspend the meeting

Are proceedings of a House invalid if there is a vacancy in its membership?

Answer: No, the House has power to act notwithstanding vacancies