Article 189 of Indian Constitution- Detailed Analysis

Last Updated on Apr 11, 2025
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Overview

Name of the Article

Article 189 of Indian Constitution - Voting In State Legislatures, And The Power Of Legislatures To Act Even When There Are Vacancies.

Part of the Constitutional Article

Part VI

Under Part VI of the Constitution, The Indian Constitution functions as the highest law which establishes exact guidelines for both political and legal structures. The conduct of business in State Legislatures falls under the purview of Article 189 of Indian Constitution which serves as one of its fundamental provisions. This article provides the voting procedures while defining the consequences of empty seats and establishing minimal member requirements to maintain state legislative process democratic functioning. 

Background of Article 189 Of Indian Constitution

The framers of the Indian Constitution were profoundly influenced by democratic principles and aimed to create a robust legislative structure. They understood the diverse national federation of India so they asked for definitive guidance to operate State Legislative institutions. The Indian Constitution outlines a standardized procedure in Article 189 to establish consistent operations and order throughout all states of India. This article establishes connections with Article 100 about the Parliament in order to keep legislative procedures the same at both central and state levels.

Interpretation of Article 189 Of Indian Constitution

This article comprises four distinct clauses:

Clause (1): Majority Decision-Making and Casting Vote
The clause establishes that state legislatures should settle all their questions by achieving a voting majority from those members who attend and participate in the session. The Speaker or Chairman abstains from voting during first attempts yet gains the power to break ties when no other member can decide. The speaker or chairman acts as an impartial authority because they receive this power only to intervene when a deadlock occurs between members.

Clause (2): Validity Amidst Vacancies

The operation of a House continues to be lawful without restrictions even when its members have positions vacant. The House maintains valid decisions and proceedings regardless of whether any unauthorized member interferes later. The passage secures the legislative framework by protecting it from interruptions which could occur because of unexpected member absences or incorrect membership records.
 

Clause (3): Quorum Requirements

The necessary number needed to start a meeting includes ten members or one-tenth of House membership as determined by the higher value of those two options. The specified minimum ensures enough participants attend meetings so minority groups cannot unilaterally make decisions


Clause (4): Actions in the Absence of Quorum
The legislation states that whenever the quorum disappears during meetings the Speaker or Chairman should either delay proceedings by adjournment or suspend the meeting until achieving the required quorum. This statutory requirement maintains that official decisions need to have an adequate group of representatives to support democratic legislative processes.

Landmark Cases of Article 189 Of Indian Constitution

The principles within Article 189 have received occasional reference from courts although this provision mainly focuses on internal legislative procedures which received minimal judicial evaluation. Legal discussions about the powers of legislative bodies sometimes use Article 189 to reinforce State legislature freedom from interference and maintain procedural autonomy. The number of specific legal rulings interpreting Article 189 remains minimal because this article functions as a reference framework for legislative activities rather than a disputed legal clause.

Significance of Article 189 Of Indian Constitution

Through Article 189 the state legislatures establish their basic mechanisms to preserve both proper organizational structure and operational effectiveness. The article establishes voting protocols together with minimum required member numbers and how vacant seats should be managed to guarantee smooth democratic operation of legislative sessions. This article maintains both majority rule standards and protects Legislatures from legislative gridlock when handling member absences or insufficient attendee numbers.

Developments and Amendments of Article 189 Of Indian Constitution

Article 189 has demonstrated its enduring significance because it has maintained its original state without revision throughout the years. This article has shown stability because its established procedures successfully serve State Legislatures throughout the decades. The Constitution has experienced many changes through amendments but Article 189 continues stable because its essential role in building the legislative architecture remains relevant.

Conclusion

Article 189 serves as a fundamental pillar for sustaining State Legislature procedures according to the Indian Constitution's provisions. The article defines specific guidelines for voting procedures combined with minimal meeting numbers and vacancy rules which create a system of democratic and efficient legislative processing. The stability of the article demonstrates its effectiveness for state legislative procedural needs because only minor adjustments are necessary. Article 189 continues to drive the legislative activities of Indian states as India develops because these principles enable perfect democratic operations throughout all levels of governance.

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FAQs on Article 189 of Indian Constitution

It outlines voting procedures, quorum requirements, and the authority of State Legislatures to function despite vacancies.

The quorum is ten members or one-tenth of the total membership of the House, whichever is greater.

Yes, they can function validly despite any vacancies in membership.

They do not vote initially but have a casting vote in case of a tie.

The Speaker or Chairman must adjourn or suspend the meeting until a quorum is present.

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