What is Article 189 of Indian constitution
Article 189 of the Indian Constitution
Title: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
🔹 Text Summary of Article 189:
Article 189 outlines voting procedures, quorum requirements, and the validity of proceedings in the State Legislature (i.e., Legislative Assembly and Legislative Council).
📌 Clause-wise Breakdown:
| Clause | Provision |
|---|---|
| (1) | All questions in a House are decided by a majority of members present and voting. |
| 👉 The Presiding Officer (Speaker/Chairman) has a casting vote in case of a tie. | |
| (2) | The State Legislature can function even if some seats are vacant. |
| ✅ Vacancies do not invalidate House proceedings. | |
| (3) | The quorum (minimum number of members required to meet) is 1/10th of the total number of members in the House, including the presiding officer. |
| (4) | If quorum is not met, the House must either adjourn or suspend proceedings until a quorum is present. |
🧠 Key Takeaways:
-
Simple majority decides matters (except when special majority is required, e.g., constitutional amendment).
-
Vacant seats do not stop the House from doing its business.
-
Quorum = 10% of total strength.
-
Ensures efficiency and legitimacy in House functioning.
📌 Real Example:
If a Legislative Assembly has 100 members:
-
Quorum = 10 members (including Speaker).
-
If only 9 show up, session must be adjourned or suspended.
⚖️ Related Articles:
| Article | Subject |
|---|---|
| 100 | Similar provision for Parliament |
| 188 | Oath by members before voting allowed |
| 193 | Penalty for sitting or voting unlawfully |
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