Actual Article
Article 100: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
- Voting and Decision-making:
- Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of both 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 Speaker or person acting as Chairman or Speaker shall not vote in the first instance but shall have and exercise a casting vote in the case of an equality of votes.
- House Powers Despite Vacancies:
- Either House of Parliament shall have the 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.
- Quorum:
- 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.
- If at any time during a meeting of a House there is no quorum, it shall be the duty of the Speaker or person acting as Chairman or Speaker, either to adjourn the House or to suspend the meeting until there is a quorum.
UPSC Notes for Article 100
Explanation:
- Voting and Decision-making:
- Decisions in either House of Parliament are generally made by a majority vote of the members present and voting. The Speaker or Chairman only votes in the case of a tie, exercising a casting vote.
- Acting Despite Vacancies:
- The functioning of the House is not impeded by vacancies. This ensures that the legislative process continues smoothly even if some seats are vacant.
- Quorum:
- A minimum number of members (one-tenth of the total) must be present for the House to conduct its business. If the quorum is not met, the Speaker or Chairman must adjourn the House or suspend the meeting until the quorum is present.
Key Points:
- Majority Rule: Ensures that decisions are made democratically by a majority of those present and voting.
- Casting Vote: The Speaker or Chairman uses a casting vote only to break ties, maintaining neutrality.
- Continuity: The House can function despite vacancies, ensuring legislative processes are not stalled.
- Quorum Requirement: Ensures that a minimum number of members are present to validate the proceedings, maintaining the legitimacy of the House’s actions.
Important Cases and Commissions Related to Article 100
Cases:
- Kihoto Hollohan vs. Zachillhu (1992): This case on the anti-defection law emphasized the importance of legislative procedures and voting rules within the Houses of Parliament.
- L. Chandra Kumar vs. Union of India (1997): Highlighted procedural aspects and the importance of quorum and valid membership in legislative proceedings.
Commissions:
- Sarkaria Commission: Discussed the need for maintaining quorum and the validity of parliamentary proceedings even with vacancies.
- National Commission to Review the Working of the Constitution (NCRWC) (2002): Recommended measures to ensure effective and uninterrupted functioning of Parliament, including quorum and voting procedures.
Previous Year Prelims Questions Related to Article 100
- (UPSC Prelims 2015) The quorum to constitute a meeting of either House of Parliament shall be:
- A. One-fifth of the total number of members
- B. One-third of the total number of members
- C. One-tenth of the total number of members
- D. Half of the total number of members Correct Answer: C. One-tenth of the total number of members
- (UPSC Prelims 2017) Who exercises the casting vote in the case of an equality of votes in the Lok Sabha?
- A. The Prime Minister
- B. The Speaker
- C. The Deputy Speaker
- D. The President Correct Answer: B. The Speaker
Previous Year Mains Questions Related to Article 100
- Mains 2016: “Discuss the significance of the quorum requirement in the functioning of the Houses of Parliament as provided under Article 100. How does this requirement ensure the legitimacy of parliamentary proceedings?”
- Mains 2019: “Analyze the role of the Speaker’s casting vote in the decision-making process of the Lok Sabha. How does Article 100 ensure neutrality and democratic decision-making within the House?”
Additional Insights:
- Democratic Decision-making: Article 100 ensures that decisions are made democratically with the majority of members present and voting, reflecting the collective will of the House.
- Neutrality of Presiding Officers: By reserving their vote for ties, the Speaker and Chairman maintain their neutrality and impartiality.
- Uninterrupted Legislative Process: The provision that the House can act despite vacancies ensures that legislative business is not disrupted due to temporary or unexpected vacancies.
- Quorum as a Legitimacy Check: The quorum requirement acts as a check to ensure that decisions are made with adequate representation, preventing a small number of members from making decisions on behalf of the whole House.
Understanding Article 100 is crucial for UPSC aspirants as it highlights the procedural aspects of decision-making and the importance of quorum in the functioning of Parliament. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the legislative processes and the principles of democratic governance within India’s parliamentary system.