Article 100 of CoI : Article 100: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

CoI

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Explanation using Example

Example 1:

Scenario: Voting on a New Education Bill in the Lok Sabha

The Lok Sabha is debating a new Education Bill. There are 545 members in the Lok Sabha, but on the day of the vote, only 400 members are present.

  1. Majority Vote: According to Article 100(1), the bill will be passed if a majority of the 400 members present and voting are in favor. If 201 members vote in favor and 199 vote against, the bill passes.
  2. Speaker's Role: The Speaker of the Lok Sabha does not vote initially. However, if the votes are tied at 200 for and 200 against, the Speaker will cast the deciding vote.

Example 2:

Scenario: Discovery of an Ineligible Member in the Rajya Sabha

During a session of the Rajya Sabha, a bill is passed. Later, it is discovered that one of the members who participated in the voting was not eligible to be a member of the Rajya Sabha.

  1. Validity of Proceedings: According to Article 100(2), the proceedings and the vote on the bill remain valid despite the participation of the ineligible member. The Rajya Sabha can continue to function and make decisions even if there are vacancies or ineligible members.

Example 3:

Scenario: Quorum Requirement in the Lok Sabha

A session of the Lok Sabha is scheduled, but only 50 members are present at the start of the meeting.

  1. Quorum Check: According to Article 100(3), the quorum for the Lok Sabha is one-tenth of its total membership, which is 55 members (one-tenth of 545).
  2. Action by Speaker: As there are only 50 members present, the Speaker must either adjourn the House or suspend the meeting until at least 55 members are present, as per Article 100(4).

Example 4:

Scenario: Joint Sitting of Parliament to Resolve a Deadlock

A bill has been passed by the Lok Sabha but rejected by the Rajya Sabha. A joint sitting of both Houses is called to resolve the deadlock.

  1. Majority Vote: During the joint sitting, the bill will be passed if a majority of the members present and voting from both Houses vote in favor, excluding the Speaker and the Chairman.
  2. Casting Vote: If the votes are tied, the Speaker of the Lok Sabha, who presides over the joint sitting, will cast the deciding vote.
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