What is Article 189 of Indian Constitution – Defination & Meaning

Article 189: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum (1) Save as otherwise provided in this Constitution, all questions
📅 Part VI – The States
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Article Number

189

part

Part VI – The States

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Active

Full Definition & Explanation

Article 189 of the Indian Constitution deals with the functioning of the State Legislature. It establishes how votes are counted during legislative sessions. Importantly, it states that decisions are made based on the majority of members present, excluding the Speaker or Chairman from the initial voting process. However, in the case of a tie, the Speaker or Chairman can cast a deciding vote. This provision ensures that legislative business can continue smoothly, even if some seats are vacant, which often happens due to various reasons like resignations or disqualifications. The article also outlines quorum requirements, which is the minimum number of members needed to conduct a meeting. For most State Legislative Assemblies, this is either ten members or one-tenth of the total members, whichever is higher. This ensures that major decisions are made with adequate representation. Additionally, if no quorum is present during a meeting, it is the responsibility of the Speaker or Chairman to either adjourn the session or suspend the meeting until enough members are available. This provision prevents the legislature from operating in an unrepresentative manner. Overall, Article 189 plays a key role in the legislative process of states. It allows for legislative continuity, even in the face of vacancies, ensuring that the legislative business can proceed without unnecessary delays. By establishing clear rules for voting and quorum, it upholds the democratic principles of representation and accountability in state governance. This helps maintain the stability of the state government and ensures that the people’s interests are represented effectively.

Historical Context

Article 189 was included in the original Constitution adopted on January 26, 1950, as part of the framework for state governance. During the Constituent Assembly debates, members emphasized the need for effective legislative functioning, even amid vacancies. The article has not undergone any amendments, indicating its robust acceptance and relevance. The Supreme Court has upheld this article in various cases, reinforcing the necessity of continuity in legislative processes and ensuring that democracy is upheld despite challenges such as vacancies or quorum issues.

Key Features

– Decisions in the State Legislature require a majority of present members.
– The Speaker or Chairman casts a vote only in case of a tie.
– Legislative actions remain valid despite vacancies among members.
– A quorum consists of ten members or one-tenth of total members.
– The Speaker must adjourn meetings if there is no quorum present.

Importance & Impact

– Legislative functions can proceed efficiently, even when seats are vacant.
– Democratic decision-making is encouraged within the State Legislature’s functioning
– Smooth governance is facilitated during key legislative sessions and discussions.
– Clear guidelines are established for both voting procedures and quorum requirements.
– Accountability is supported by ensuring that representation is maintained in legislative decisions.

Sample UPSC Question

Which of the following statements accurately describes the provisions of Article 189 of the Indian Constitution? Consider that: Article 189 of the Indian Constitution deals with the functioning of the State Legislature in the context of Article 189. A) The Speaker can vote in all legislative matters. B) A quorum is necessary for legislative action. C) Legislative actions are invalidated in case of vacancies. D) The Speaker only votes in cases of a tie. Explain your reasoning for each option.

Answer

The correct answer is B and D. Article 189 requires a quorum for legislative actions to proceed, ensuring adequate member participation. The Speaker only votes in the event of a tie, making option D accurate. Options A and C are incorrect because they misrepresent the Speaker’s voting authority and the impact of vacancies on legislative validity.

Key Takeaways

✓ Voting in State Legislature is based on member presence.
✓ The Speaker votes only when there’s a tie.
✓ Legislative actions remain valid even with vacant seats.
✓ Quorum is defined as ten members or one-tenth of total members.
✓ The Speaker must suspend meetings if there is no quorum present.

FAQs

Article 189 of the Indian Constitution deals with the functioning of the State Legislature. It establishes how votes are counted during legislative sessions. Importantly, it states that decisions are made based on the majority of members present, excluding the Speaker or Chairman from the initial voting process. However, in the case of a tie, the Speaker or Chairman can cast a deciding vote.

This ensures that major decisions are made with adequate representation. Additionally, if no quorum is present during a meeting, it is the responsibility of the Speaker or Chairman to either adjourn the session or suspend the meeting until enough members are available. This provision prevents the legislature from operating in an unrepresentative manner.

It allows for legislative continuity, even in the face of vacancies, ensuring that the legislative business can proceed without unnecessary delays. By establishing clear rules for voting and quorum, it upholds the democratic principles of representation and accountability in state governance. This helps maintain the stability of the state government and ensures that the people’s interests are represented effectively.

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