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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