What is Article 100 of Indian Constitution – Defination & Meaning

Article 100: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum (1) Save as otherwise provided in this Constitution, all questions
📅 Part V – The Union
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Article Number

100

part

Part V – The Union

Status

Active

Bare Acts Text

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

  • (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.
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Full Definition & Explanation

Article 100 of the Indian Constitution outlines how voting takes place in the Houses of Parliament. It specifies that decisions are made based on a majority of the votes from members who are present and actively voting. However, it is necessary to note that the Speaker or Chairman does not vote initially. They can cast a deciding vote only if there is a tie. This provision ensures that the legislative process moves efficiently, allowing Parliament to function even if some members are absent. The article also addresses the issue of vacancies within the Houses. It states that Parliament can conduct its business despite having empty seats. This means that if a member has resigned or passed away, their absence does not halt legislative activities. Such a provision is key as it prevents legislative paralysis, ensuring that laws can still be enacted. Also, the article establishes quorum requirements. A meeting of either House needs at least one-tenth of its total members to be present for the proceedings to be valid. If there isn’t a quorum, the Speaker or Chairman must adjourn the meeting. This ensures that decisions are made with adequate representation. Overall, Article 100 helps maintain the functionality of Parliament, promoting continuous governance while adhering to democratic principles.

Historical Context

It specifies that decisions are made based on a majority of the votes from members who are present and actively voting. However, it is necessary to note that the Speaker or Chairman does not vote initially. They can cast a deciding vote only if there is a tie. This provision ensures that the legislative process moves efficiently, allowing Parliament to function even if some members are absent. Article 100 of the Indian Constitution outlines how voting takes place in the Houses of Parliament. The article also addresses the issue of vacancies within the Houses. It states that Parliament can conduct its business despite having empty seats.

Key Features

– Voting in Parliament is based on the majority of members present.
– The Speaker or Chairman casts a vote only in case of a tie.
– Parliament can function despite vacancies among its members.
– A quorum of one-tenth of members is required for meetings.
– Meetings without quorum must be adjourned by the Speaker.

Importance & Impact

– Ensures Parliament can operate smoothly without interruptions
– Allows legislative actions even if some members are absent
– Helps in maintaining a democratic decision-making process
– Facilitates quick resolutions in case of tied votes
– Encourages accountability among members to attend sessions

Sample UPSC Question

Consider the following statements about Article 100: 1. The quorum for each House of Parliament is one-tenth of its total membership. 2. Decisions in Parliament are made by a simple majority of total membership. 3. The Speaker has a casting vote in case of equality of votes. 4. If quorum is not met, the Speaker must adjourn or suspend the sitting. Which statements are correct? a) 1 and 3 only b) 1, 3 and 4 only c) 2 and 4 only d) 1, 2, 3 and 4

Answer

Answer: b) 1, 3 and 4 only Statement 1 is correct per Article 100(3). Statement 2 is wrong — decisions are made by majority of members present and voting (not total membership); total membership majority is required only for special provisions like constitutional amendments. Statement 3 is correct per Article 100(1). Statement 4 is correct per Article 100(4).

Key Takeaways

✓ Voting is based on majority presence in Parliament.
✓ The Speaker votes only in case of a tie.
✓ Parliament operates smoothly despite member vacancies
✓ Quorum is set at one-tenth of total members.
✓ Adjournment occurs if quorum is not met

FAQs

Article 100 of the Indian Constitution outlines how voting takes place in the Houses of Parliament. It specifies that decisions are made based on a majority of the votes from members who are present and actively voting. However, it is necessary to note that the Speaker or Chairman does not vote initially.

It states that Parliament can conduct its business despite having empty seats. This means that if a member has resigned or passed away, their absence does not halt legislative activities. Such a provision is key as it prevents legislative paralysis, ensuring that laws can still be enacted. Article 100 of the Indian Constitution outlines how voting takes place in the Houses of Parliament.

If there isn’t a quorum, the Speaker or Chairman must adjourn the meeting. This ensures that decisions are made with adequate representation. Overall, Article 100 helps maintain the functionality of Parliament, promoting continuous governance while adhering to democratic principles. Article 100 of the Indian Constitution outlines how voting takes place in the Houses of Parliament.

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Pramod is the Founder and Editor-in-Chief of StudyHub. He holds a Master's degree and is currently pursuing a Ph.D. in Geology, alongside more than 7+ years spent building and verifying competitive exam content for Indian aspirants. He leads StudyHub's editorial process across Indian Polity, the Constitution, Indian Economy, History, Geography, Science, and the platform's other subject areas — checking every article against primary sources (bare act text and Gazette notifications for constitutional topics, government and Economic Survey data for economy content, standard reference material elsewhere) and flagging it for re-verification whenever a relevant amendment, policy, or data update makes an earlier version outdated.
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