The Constitution of India
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.
Why this exists
This Article borrows from British parliamentary practice and was designed to keep legislative business practical and uninterrupted. Framers wanted clear, simple rules for decision-making (majority vote) and continuity of governance (functioning despite vacancies or minor irregularities), while still requiring a basic minimum attendance (quorum) so that decisions aren't made by just a handful of members in an empty chamber.
How courts read it
Courts have generally treated the internal workings of Parliament—like whether quorum was present at a given moment—as largely a matter for the House itself to regulate, given the doctrine of parliamentary privilege and the specific text of clause (4) making it the Speaker's duty to handle lack of quorum. Judicial review of quorum-related claims has been rare and cautious, with courts reluctant to question the validity of proceedings merely because quorum might not have been technically met, especially in light of clause (2)'s protection for proceedings despite irregularities in membership.
Common misconceptions
- Myth: The Speaker always votes just like any other MP.
Fact: The Speaker normally doesn't vote at all — they only cast a vote to break a tie (a 'casting vote'). - Myth: If quorum isn't maintained throughout a session, all decisions made are automatically invalid.
Fact: Article 100(2) says proceedings remain valid even if it's later found someone unauthorized took part, and quorum issues during a sitting are handled by the Speaker suspending or adjourning the House, not by nullifying past decisions. - Myth: Parliament cannot function at all if some seats are vacant.
Fact: Article 100(2) explicitly allows the House to act despite vacancies in its membership.