The Constitution of India
Article 189
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 a House of the Legislature of a State shall be determined by a majority of votes of the members present and voting, other than the Speaker or Chairman, or person acting as such. The Speaker or Chairman, 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) A House of the Legislature of a State shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in the Legislature of a State 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 the Legislature of the State by law otherwise provides, the quorum to constitute a meeting of a House of the Legislature of a State shall be ten members or onetenth of the total number of members of the House, whichever is greater.
(4) If at any time during a meeting of the Legislative Assembly or the Legislative Council of a State there is no quorum, it shall be the duty of the Speaker or Chairman, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.
Why this exists
State legislatures needed clear, practical rules to avoid deadlock or chaos — deciding what counts as a valid vote, how to handle empty seats, and what happens if too few members are present. These rules, borrowed from British parliamentary practice and mirrored in Article 100 for Parliament, ensure that a State House can keep working even when it isn't at full strength, while still requiring a minimum presence (quorum) for legitimacy.
How courts read it
Courts have generally treated matters like quorum and internal voting procedure as part of the House's internal proceedings, largely protected from judicial interference under provisions like Article 212 (courts not inquiring into legislative proceedings). No major Supreme Court judgment has significantly reinterpreted Article 189 itself; it is mostly applied through legislative rules and Speaker's rulings.
Common misconceptions
- Myth: The Speaker or Chairman gets to vote on every issue like other members.
Fact: The Speaker/Chairman doesn't vote in the first round; they only cast a vote to break a tie. - Myth: If some seats in the House are vacant, the House can't function or pass valid laws.
Fact: Article 189(2) specifically allows the House to act despite vacancies, and decisions remain valid. - Myth: Quorum in every State Assembly is fixed permanently at 10 members.
Fact: Article 189(3) sets a default (10 members or one-tenth, whichever is greater) only until the State Legislature passes its own law changing it.