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Article 100 of Indian Constitution - Detailed Analysis

Last Updated on Apr 02, 2025
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Overview

Name of the Article

Article 100 - Voting in Houses, power of Houses to act notwithstanding vacancies and quorum

Part of the Constitutional Article

Part V

The Constitution provides a comprehensive structure and functioning of different branches of government. It is a supreme law of land. One of the important provisions of the Constitution is Article 100 of Indian Constitution which deals with the voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Interpretation of Article 100 of Indian Constitution

Article 100 of the Constitution states -“1) Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of both 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 Speaker or person acting as Chairman or Speaker 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 the 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 Speaker or person acting as Chairman or Speaker, either to adjourn the House or to suspend the meeting until there is a quorum.”

Article 100 of Indian Constitution provides that in both Houses of Parliament, namely, the House of People and Council of States the decisions are made based on a majority vote of the members who are present and are actively voting. The Speaker or Chairman will cast a vote only in the case of equality of votes. The operation of the House is not affected even if some seats are vacant and ensure that the legislative process proceeds without interruption. Article 100 also states that a minimum of one-tenth of the total members must be present for the House to conduct its business. In case if the quorum is not met, the Speaker or Chairman must either adjourn or suspend the meeting until the required number of members is present.

Conclusion

Article 100 of Indian Constitution plays an important role that explains how voting works in the Parliament. It ensures decisions are made by majority vote and allows the presiding officer to vote in case of a tie. It also lets the Houses continue working even if there are empty seats or not enough members. The provision helps the legislative process to run smoothly and support good governance.

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FAQs about Article 100 of Indian Constitution

Article 100 outlines voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

The decisions are made by a majority of the members present and voting.

A minimum of one-tenth of the total members of the House must be present for the House to conduct its business.

Article 100 is mentioned under Part V of the Constitution of India.
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