Article 189 of CoI : Article 189: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.

Explanation using Example

Example 1:

Scenario: Voting on a New Education Bill in the State Legislature

The State Legislature of Maharashtra is holding a session to vote on a new Education Bill. There are 288 members in the Legislative Assembly. During the session, 150 members are present and voting.

• Majority Vote: The bill will be passed if more than half of the members present and voting (i.e., more than 75 members) vote in favor of the bill.
• Speaker's Role: The Speaker of the Legislative Assembly does not vote initially. However, if the votes are tied (e.g., 75 in favor and 75 against), the Speaker will cast a deciding vote to break the tie.

Example 2:

Scenario: Validity of Proceedings Despite Vacancies

In the Legislative Assembly of Karnataka, there are currently 10 vacant seats out of 224 total seats due to resignations. Despite these vacancies, the Assembly continues to function and pass laws.

• Power to Act: The Assembly can still conduct its business and pass laws even though there are vacancies. The validity of the proceedings is not affected by the vacancies.
• Subsequent Discovery: If it is later discovered that a person who was not entitled to vote participated in the proceedings, the decisions made during those proceedings remain valid.

Example 3:

Scenario: Quorum Requirement for a Meeting

The Legislative Assembly of Tamil Nadu has 234 members. For a meeting to be valid, the quorum requirement must be met.

• Quorum Calculation: The quorum is either 10 members or one-tenth of the total number of members, whichever is greater. In this case, one-tenth of 234 is 23.4, so the quorum is 24 members.
• Action on Lack of Quorum: If, during a meeting, it is found that fewer than 24 members are present, the Speaker must either adjourn the meeting or suspend it until the quorum is met.

Example 4:

Scenario: Adjournment Due to Lack of Quorum

During a session of the Legislative Council of Uttar Pradesh, which has 100 members, only 8 members are present.

• Quorum Requirement: The quorum for the meeting is 10 members (since 10 is greater than one-tenth of 100).
• Speaker's Duty: The Chairman notices the lack of quorum and announces that the meeting is suspended until more members arrive to meet the quorum requirement.

Example 5:

Scenario: Casting Vote by the Speaker

In the Legislative Assembly of West Bengal, a vote is being held on a new healthcare policy. Out of 294 members, 150 are present and voting. The votes are tied with 75 members in favor and 75 against.

• Speaker's Casting Vote: The Speaker, who did not vote initially, now exercises the casting vote to break the tie. The Speaker votes in favor of the policy, and the healthcare policy is passed.