(1) Save as otherwise provided in this Constitution, all questions at any sitting of either House or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Speaker or person acting as Chairman or Speaker.

 

The Chairman or Speaker, 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) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament 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 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 Chairman or Speaker, or person acting as such, either to adjourn the House or to suspend the meeting until there is a quorum.

Debate Summary

Article 80, Draft Constitution, 1948

(1) Save as provided in this Constitution, all questions at any sitting or joint sitting of the Houses shall be determined by a majority of votes of the members present and voting, other than the Chairman or Speaker or person acting as such.

The Chairman or Speaker 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) Either House of Parliament shall have power to act notwithstanding any vacancy in the membership thereof, and any proceedings in Parliament 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) If at any time during a meeting of a House, less than one-sixth of the total number of members of the House are present, it shall be the duty of the Chairman or Speaker or person acting as such either to adjourn the House, or to suspend the meeting until at least one-sixth of the members are present.

 

Draft Article 80 (Article 100, Constitution of India, 1950) was debated on 19th May 1949. It regulated the business of the Parliament concerning voting, quorum and vacancies.

 

A member moved a few amendments to edit grammar and language of the Draft Article. In clause 1, he sought to delete 'other than the Chairman or Speaker or person acting as such’.  Before ‘The Chairman’, he proposed to add ‘Provided that’. He believed that the Draft Article must be relieved from ‘needless verbiage’.

 

Another member generally commented that he was against the principle of conducting joint sittings of the Parliament. He hoped that the Assembly would drop it from the Draft Article.

 

The abovementioned proposals were voted out. The Assembly adopted the Draft Article on 19 May 1949.