Actual Article
Article 189: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
- 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 Chairman, 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.
- Either House of the Legislature of a State shall have the power to act notwithstanding any vacancy in the membership thereof, and no act or proceedings of a House of the Legislature of a State shall be invalid by reason only of the existence of any vacancy in the membership thereof.
- Until the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of the State shall be ten members or one-tenth of the total number of members of the House, whichever is greater.
UPSC Notes for Article 189
Explanation:
- Voting and Decisions: Article 189 lays out that decisions in a House are generally made by a majority of members present and voting. The Speaker or Chairman does not vote initially but has a casting vote in case of a tie.
- House Operations Despite Vacancies: The legislative business can continue despite any vacancies in the membership. This provision ensures that legislative work is not hindered by unfilled seats.
- Quorum Requirements: The quorum for any meeting is ten members or one-tenth of the total members, whichever is greater, ensuring that there is sufficient representation during decision-making until the state legislature decides otherwise.
Key Points:
- Operational Continuity: Allows for uninterrupted functioning of the House even with vacancies, ensuring legislative efficiency and continuity.
- Majority Rule and Casting Vote: Emphasizes the principle of majority decision-making, with the safeguard of a casting vote to prevent deadlocks.
Important Cases and Commissions Related to Article 189
Cases:
- No specific landmark cases interpreting Article 189 have been identified, as it concerns internal legislative procedures typically not subject to judicial scrutiny.
Commissions:
- Administrative Reforms Commission: May discuss the efficacy and procedural aspects of legislative functioning, though not specifically addressing Article 189.
Important Reports Related to Article 189:
- Law Commission Reports: May include discussions on legislative procedures and quorum requirements to enhance governance efficiency, though they are generally broader than specific articles.
Previous Year Prelims Questions Related to Article 189
- (UPSC Prelims 2016) What does Article 189 of the Constitution relate to?
- A. Appointment of the Governor
- B. Salaries of MLAs
- C. Voting, vacancies, and quorum in state legislatures
- D. Formation of new states Correct Answer: C. Voting, vacancies, and quorum in state legislatures
- (UPSC Prelims 2018) Who has a casting vote in the state legislative assembly?
- A. The Chief Minister
- B. The Governor
- C. The Speaker of the Assembly
- D. The Deputy Speaker of the Assembly Correct Answer: C. The Speaker of the Assembly
Previous Year Mains Questions Related to Article 189
- Mains 2016: “Analyze the provisions of Article 189 regarding the quorum and voting in state legislatures. How do these provisions ensure effective legislative functioning?”
- Mains 2019: “Discuss the impact of vacancy and quorum rules as outlined in Article 189 on the decision-making process in state legislatures.”
Additional Insights:
- Legislative Efficiency: The rules set out in Article 189 are designed to balance efficiency and representativeness in legislative bodies, ensuring that legislative functions can proceed without unnecessary delays while maintaining adequate member participation.
- Governance Stability: By allowing legislative sessions to proceed despite vacancies and establishing clear quorum and voting rules, Article 189 helps maintain stability and continuity in state governance.
Understanding Article 189 is crucial for UPSC aspirants as it provides insights into the procedural aspects that govern state legislative bodies, emphasizing the balance between efficiency and democratic participation. This knowledge is essential for both preliminary and main examinations, offering a deeper understanding of legislative processes.