Article 189 of the Costitution of India with Case law
🇮🇳 Article 189 of the Constitution of India
Subject: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum
🔹 Bare Text of Article 189:
(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 person acting as such.
The Speaker or person acting as such shall not vote in the first instance but shall 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 shall be valid even if there is a vacancy or a defect in composition.
(3) Until the Legislature of the State otherwise provides by law, the quorum to constitute a meeting of a House of the Legislature shall be ten members or one-tenth of the total number of members, whichever is greater.
(4) If at any time during a meeting there is no quorum, it is the duty of the person presiding to either adjourn the House or suspend it until there is a quorum.
🔍 Explanation:
Majority Voting: Ordinary decisions are taken by majority of those present and voting, not of the total strength.
Casting Vote: Speaker votes only in case of a tie.
Vacancies Not a Barrier: Proceedings are valid even with vacancies or unfilled seats.
Minimum Members (Quorum):
1/10th of total strength or 10 members, whichever is more.
If quorum is lacking, the House must be suspended or adjourned.
🧑⚖️ Important Case Laws on Article 189:
🔸 1. R.C. Poudyal v. Union of India, AIR 1993 SC 1804 (Sikkim Assembly Case)
Issue: Challenge to special provisions for seats in the Sikkim Assembly.
Held: Article 189(2) ensures that legislative actions remain valid even if the House has vacancies or defects in composition.
🔸 2. Kihoto Hollohan v. Zachillhu, (1992) Supp (2) SCC 651 (Anti-Defection Case)
Held: Voting under Article 189(1) must be free and fair, particularly in cases involving motions of confidence/no-confidence, where manipulation can affect majority determination.
🔸 3. Jagjit Singh v. State of Haryana, (2006) 11 SCC 1
Held: Proceedings conducted even when members were disqualified did not vitiate the process, as per Article 189(2).
🔸 4. Ravi S. Naik v. Union of India, (1994) Supp (2) SCC 641
Held: Voting behavior and abstention in the legislature directly affect the majority determination under Article 189(1); hence resignation, disqualification, or abstention can influence the floor test.
📘 Summary Table:
| Clause | Key Provision | Practical Effect |
|---|---|---|
| (1) | Majority of present and voting; Speaker votes only to break tie | Decision-making simplified |
| (2) | Vacancies don’t invalidate proceedings | Stability of legislative actions |
| (3) | Quorum = 10 members or 1/10th | Prevents trivial attendance |
| (4) | No quorum → adjourn/suspend | Ensures minimum participation |
🧭 Related Articles:
Article 100 – Similar provision for Parliament
Article 178 – Speaker of Legislative Assembly
Tenth Schedule – Anti-defection law (linked to voting)
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