Article 100 of the Costitution of India with Case law
Article 100 of the Constitution of India deals with Voting in Houses, Power of Houses to act notwithstanding vacancies, and quorum. This Article outlines the procedural framework for voting in the Lok Sabha and Rajya Sabha and the minimum number of members required to conduct business.
🧾 Text of Article 100 – 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 of Parliament shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as Speaker, or the Chairman or person acting as Chairman, who shall not vote except in the case of equality of votes.
(2) The Chairman or Speaker, or person acting as such, shall have and exercise a casting vote in the case of equality of votes.
(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 person presiding to adjourn the House or suspend the meeting until there is a quorum.
🔍 Key Provisions Explained
Majority Rule: Decisions are made by a majority of members present and voting.
Casting Vote: The Speaker/Chairman votes only in the case of a tie.
Quorum Requirement: At least 10% of total membership must be present to conduct business.
No Quorum: The presiding officer must adjourn or suspend the session until quorum is met.
📚 Important Case Laws on Article 100
1. Kihoto Hollohan v. Zachillhu and Others, 1992 Supp (2) SCC 651
Issue: Whether decisions by the Speaker under anti-defection law are final.
Relevance to Article 100: While the core issue was about the Tenth Schedule, it reaffirmed procedural supremacy of the Speaker, including powers during voting and casting vote situations under Article 100(1).
2. Raja Ram Pal v. Hon’ble Speaker, Lok Sabha (2007) 3 SCC 184
Issue: Scope of judicial review over parliamentary proceedings.
Link with Article 100: Court emphasized that rules regarding quorum and voting (including Article 100) are part of constitutional discipline of Parliament; however, internal proceedings generally not justiciable unless there's gross illegality.
3. Mohd. Saeed Siddiqui v. State of U.P., (2014) 11 SCC 415
Principle: Clarified that legislative procedure, including voting methods, fall within constitutional boundaries, reinforcing Article 100 procedures in legislatures.
🏛️ Practical Implications
Ensures representative decision-making in Parliament.
Prevents a small minority from taking decisions without a legitimate quorum.
Empowers presiding officers with a tie-breaking vote, ensuring decision finality.
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