Part V: The Union

Article 100: Voting in Houses, Power to Act Notwithstanding Vacancies and Quorum

Original Article:

(1) Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the 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 Chairman or 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.

(2) Either House of Parliament shall have 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.

(3) 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.

(4) If at any time during a meeting of a House there is no quorum, it shall be the duty of the Chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.

Amendments:

1. Cls. (3) and (4) omitted by the Constitution (Forty-second Amendment) Act, 1973, s. 18 (date not notified). This amendment was omitted by the Constitution (Forty-fourth Amendment) Act, 1978, s. 45 (w.e.f. 20-6-1979).

Explanations:

Article 100 of the Constitution of India deals with the voting procedure in both Houses of Parliament—Lok Sabha and Rajya Sabha—regarding the determination of questions during sessions, the ability of the Houses to act despite vacancies, and the importance of quorum in meetings. This article ensures that parliamentary decisions reflect the consensus of the members while addressing procedural mechanisms in case of equality of votes or vacancies in the Houses.

• Clause (1): Voting in the Houses ensures impartiality and neutrality, with the Speaker or Chairman casting a decisive vote in case of deadlock.
• Clause (2): Ensures continuity and validity of parliamentary proceedings despite procedural lapses or membership vacancies.
• Clause (3) and Clause (4): Originally provided for quorum requirements, later reinstated to safeguard democratic integrity after being omitted temporarily.

Real-life Examples:

In 2018, the absence of quorum in the Rajya Sabha during the passage of critical bills led to adjournments, showcasing the significance of quorum rules in upholding parliamentary integrity.

Similarly, the casting vote provision was employed during discussions on the contentious Women’s Reservation Bill, highlighting its role in resolving deadlocks.

Historical Significance:

The 42nd and 44th Amendments represent pivotal moments in Indian constitutional history. The 42nd Amendment’s centralizing tendencies were counterbalanced by the 44th Amendment’s restoration of democratic safeguards like quorum requirements, reflecting the resilience of India's democratic framework.

Legislative History:

Originally drafted as Article 80 of the Draft Constitution, Article 100 was incorporated into the final Constitution on May 19, 1949, following deliberations and amendments introduced by Dr. B.R. Ambedkar and others to refine its language and scope.

Debates and Deliberations:

During the Constituent Assembly debates, Dr. B.R. Ambedkar proposed a key amendment to refine the language of clause (1). This included clarifying the phrase "Save as otherwise provided in this Constitution." The amendment aimed to ensure precise understanding and avoid ambiguities in interpretation.

Acharya Jugal Kishore suggested another amendment to add "of either House" after "sitting," further enhancing clarity and consistency across the clauses.

Some members expressed concerns about the absence of specific provisions to address prolonged vacancies. Dr. Ambedkar reassured the assembly by explaining that the procedural flexibility granted under Article 100 would ensure effective parliamentary functionality even in such cases.

The debates underscored the importance of balancing procedural efficiency with constitutional safeguards, ultimately leading to the adoption of Article 100 in its refined form.

References:

• The Constitution of India
• Parliamentary Debates and Proceedings
• Real-life instances from Lok Sabha and Rajya Sabha sessions