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Article 100

Majority Voting, Speaker’s Casting Vote, House Validity, and 10% Quorum

Official heading: “Voting in Houses, power of Houses to act notwithstanding vacancies and quorum”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part V, Article 100, printed page 44
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1. In One Sentence

Article 100 provides that parliamentary decisions are determined by majority vote with the presiding officer having a tie-breaking casting vote, validates proceedings despite vacancies, and sets quorum at one-tenth.

2. What It Means in Everyday Language

Article 100 governs the essential mechanics of parliamentary decision-making and legislative validity. Under clause (1), all questions before either House (or a joint sitting) are decided by a majority of votes of the members present and voting, except where the Constitution explicitly specifies a special majority.

Clause (1) also establishes the neutrality of the Chair: the Speaker or presiding officer does not vote in the first instance, but possesses and must exercise a casting vote in the event of an equality of votes (a tie).

Clause (2) protects legislative validity: either House may conduct business notwithstanding any vacancies in its membership, and proceedings remain completely valid even if it is later discovered that an unauthorized person sat or voted. Clauses (3) and (4) fix the quorum at one-tenth of the total membership of the House, imposing a constitutional duty on the presiding officer to adjourn or suspend the sitting if quorum is lacking.

3. Practical Illustrative Example

Everyday Scenario:

During a late-night legislative sitting, a division vote on an amendment results in a dead heat of 200 votes in favor and 200 votes against.

Core takeaway: Under Article 100(1), the Speaker does not vote initially, but exercises their casting vote to break the tie.
Illustrative Notice: If fewer than 10% of members are present in the House (e.g., fewer than 55 MPs in Lok Sabha), clause (4) requires the Speaker to adjourn or suspend the sitting for lack of quorum.

4. Important Limits, Qualifications & Exceptions

Article 100 governs parliamentary voting, neutrality of the Chair, quorum, and institutional validity.

  • Simple majority rule for ordinary legislative questions.
  • Casting vote doctrine: Presiding officer votes only to resolve an equality of votes.
  • Institutional continuity: Business valid despite vacancies or unauthorized participation.
  • Quorum standard: One-tenth of total membership required to constitute a meeting.
  • Duty to adjourn: Presiding officer must suspend proceedings when quorum is absent.

5. Operative Constitutional Text

(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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part V, Article 100, printed page 44 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

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