Part VI: The States

Chapter V: Conduct of Business

Article 189: Voting in Houses, Power of Houses to Act Notwithstanding Vacancies and Quorum

Overview of Article 189: Voting in Houses, Power of Houses to Act Notwithstanding Vacancies and Quorum

--- Original Article ---

All questions in a House of a State Legislature are determined by majority vote, with the Speaker holding a casting vote in case of a tie.

A House can act despite vacancies, ensuring legislative continuity.

Quorum requirements mandate a minimum member presence, reinstated by the Forty-fourth Amendment.

Explanations

Article 189 establishes procedures for voting, quorum, and legislative continuity in State Legislatures, ensuring stable governance.

Key Provisions

  • Clause (1): Majority Voting and Speaker’s Casting Vote: Establishes that decisions are made by majority, with the Speaker casting the deciding vote in a tie.
  • Clause (2): Continuity Despite Vacancies: Ensures the House can function even with vacancies.
  • Clause (3): Quorum Requirements: Reinstated by the Forty-fourth Amendment to ensure minimum representation during sessions.

Real-Life Examples

  • In Maharashtra, during the passage of a financial bill, a tie in votes required the Speaker to use the casting vote to finalize the decision.
  • In Tamil Nadu, quorum was not met during a critical debate, leading the Speaker to suspend the session until attendance was sufficient.

Historical Context

The Forty-fourth Amendment reinstated quorum requirements removed by the Forty-second Amendment, ensuring adequate representation in legislative decisions.

Debates and Deliberations

During the Constituent Assembly debates, Dr. B.R. Ambedkar and Shri Jaspat Roy Kapoor proposed language amendments to refine the procedural language of Article 189, emphasizing clarity in legislative voting.

Members discussed the importance of a casting vote for the Speaker to prevent deadlock. Some suggested stricter quorum standards to ensure substantial member participation, reflecting diverse opinions on maintaining quorum flexibility.

References

  • Constitution (Forty-second and Forty-fourth Amendments)
  • Maharashtra Legislative Assembly Records
  • Tamil Nadu Legislative Assembly Records
Article 188 Article 190