Introduction

Article 100 of the Indian Constitution explains how Parliament takes decisions through voting. It lays down the basic procedural rules for the Lok Sabha, the Rajya Sabha, and joint sittings of both Houses. This Article ensures that parliamentary business runs smoothly even when seats are vacant or disputes arise about membership. It also defines the quorum required for valid proceedings. Because of this, Article 100 acts as the procedural backbone of parliamentary functioning in India.

The Article applies independently to each House of Parliament and also to joint sittings held under Article 108. Whether a bill is discussed in the Lok Sabha, debated in the Rajya Sabha, or decided in a joint sitting, Article 100 governs how voting and attendance rules operate.

What Does Article 100 Actually Cover?

Article 100 is formally titled “Voting in Houses, power of Houses to act notwithstanding vacancies and quorum.” This title itself reveals its wide scope. It deals with voting rules, the impact of vacant seats, the validity of proceedings when ineligible members participate, and the minimum number of members required to conduct business. Together, these rules prevent parliamentary decisions from being challenged on minor technical grounds.

The Article contains four clauses, each addressing a specific procedural issue. These clauses work together to protect both democratic decision-making and institutional stability.

How Are Decisions Taken Under Article 100?

Clause (1) of Article 100 lays down the general rule for decision-making. Every question before either House of Parliament or a joint sitting is decided by a majority of members who are present and voting. Members who are present but do not vote are not counted. The presiding officer is also excluded from the vote in the first instance.

This rule ensures that decisions reflect the will of members who actively participate in the process. It avoids confusion caused by abstentions or absences. The focus remains on effective participation rather than total membership strength.

What Is the Casting Vote of the Speaker or Chairman?

Article 100 also provides a solution for tied votes. The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha does not vote initially. However, if the votes are equally divided, the presiding officer exercises a casting vote. This vote exists solely to break the tie.

The casting vote is not a regular vote. It is used only in exceptional circumstances. This maintains the neutrality of the presiding officer while still allowing the House to reach a final decision when deadlock occurs.

Do Vacancies Affect the Validity of Parliamentary Proceedings?

Clause (2) of Article 100 addresses the problem of vacancies and disqualifications. It clearly states that either House of Parliament can function even if there are vacant seats. Proceedings do not become invalid simply because all seats are not filled.

This clause is crucial for continuity. Elections, resignations, deaths, or disqualifications often create temporary vacancies. Article 100 ensures that governance does not come to a halt because of these unavoidable gaps.

What If an Ineligible Member Votes?

Article 100 goes a step further by protecting parliamentary decisions from later legal challenges. Even if it is later discovered that a person who was not entitled to sit or vote participated in proceedings, those proceedings remain valid.

This provision prevents misuse of technical objections. Without this rule, almost every law could be challenged years later on the ground that an ineligible person voted. Article 100 preserves certainty and stability in legislative outcomes.

What Is the Quorum Under Article 100?

Clause (3) of Article 100 fixes the quorum for meetings of Parliament. Until Parliament decides otherwise by law, the quorum is one-tenth of the total membership of the House. This calculation is based on the total sanctioned strength, not on the number of seats currently filled.

The quorum requirement balances efficiency and representation. It prevents a very small group of members from passing laws while also avoiding unrealistic attendance expectations.

Why Is Quorum Important for Parliamentary Democracy?

Quorum ensures that parliamentary decisions reflect a minimum level of participation. It protects democratic legitimacy by requiring a reasonable presence of members before business can proceed. Article 100 treats quorum as a constitutional safeguard rather than a mere formality.

By embedding quorum rules in the Constitution, Article 100 strengthens accountability and discipline within Parliament.

What Happens When There Is No Quorum?

Clause (4) of Article 100 explains the duty of the presiding officer when quorum is not met. If at any point during a sitting the number of members falls below the required quorum, the Speaker or Chairman must act. They can either adjourn the House or suspend the sitting until enough members are present.

This rule prevents important decisions from being taken by an unrepresentative minority. It also places responsibility directly on the presiding officer to monitor attendance and enforce constitutional discipline.

Why Is Article 100 So Important?

Article 100 plays a silent but powerful role in Indian parliamentary democracy. It ensures decisions are made fairly, proceedings remain valid despite technical defects, and attendance standards are constitutionally enforced. Without Article 100, Parliament would be vulnerable to frequent legal challenges and procedural paralysis.

The principles in Article 100 also influence similar provisions in State Legislatures and interact with special majority requirements under other constitutional articles. As a result, Article 100 is not just procedural. It is foundational to how democracy functions inside India’s legislative chambers.