Article 189

Article 189 of the Constitution of India sets forth the procedural rules governing voting, quorum, and the validity of proceedings in the State Legislatures. It ensures that the legislative business continues smoothly even in the presence of vacancies or temporary absences of members. The Article mirrors the corresponding provisions applicable to Parliament under Article 100 and forms a vital component of the constitutional machinery that maintains continuity and legitimacy in legislative functioning.

Constitutional Purpose and Context

The inclusion of Article 189 reflects the framers’ intention to safeguard the efficiency, stability, and uninterrupted operation of the legislative process at the State level. It ensures that decision-making in both the Legislative Assembly and the Legislative Council follows democratic principles of majority voting, while also providing practical measures to prevent procedural deadlocks.
By defining the voting procedure, quorum requirements, and the treatment of vacancies, the Article maintains a balance between democratic participation and administrative practicality. This provision prevents legislative paralysis due to absences or vacancies, thereby upholding the continuity of governance.

Key Provisions of Article 189

1. Decision-Making by Majority Vote –Article 189 states that all questions in either House of the State Legislature shall be decided by a majority of votes of the members present and voting. This principle of simple majority is fundamental to democratic decision-making, ensuring that the opinion of the majority prevails in the legislative process.

• Members who are present but choose not to vote are not counted in determining the majority.
• Abstentions do not affect the numerical majority required for passing a motion or resolution.

2. Casting Vote of the Presiding Officer – Provides that the Speaker of the Legislative Assembly or the Chairman of the Legislative Council shall not vote in the first instance. However, in the event of a tie, the presiding officer has a casting vote to break the deadlock.
This provision ensures the neutrality of the presiding officer during general voting while granting them the authority to resolve stalemates when necessary. The use of the casting vote reflects the responsibility of the presiding officer to maintain the functionality of the House rather than to express a political preference.
3. Validity of Proceedings Despite Vacancies-  Guarantees that proceedings in either House shall remain valid notwithstanding any vacancy in the membership. This means that the absence, death, resignation, or disqualification of members does not invalidate legislative business already conducted.
This safeguard ensures continuity of legislative authority, preventing disruptions caused by temporary or unforeseen vacancies. It preserves the legitimacy of enacted laws and decisions even if some members were not present or eligible at the time.
4. Proceedings Not Invalid Due to Participation of Ineligible Members – Further declares that no act or proceeding of the Legislature shall be invalid merely on the ground that a person, who was not entitled to be a member, has participated in the proceedings.
This clause protects legislative decisions from being nullified due to technical or procedural errors concerning individual memberships. It reflects the constitutional principle that collective legislative authority takes precedence over individual irregularities, thereby safeguarding the integrity and continuity of governance.
5. Quorum RequirementsAlthough not detailed within Article 189 itself, quorum refers to the minimum number of members required to conduct proceedings. For State Legislatures, the general quorum is one-tenth of the total membership of the House, as per rules of procedure made under the Constitution.
If quorum is not met, the presiding officer must suspend or adjourn the sitting until sufficient members are present. The provision ensures that legislative decisions are made with adequate participation while preventing procedural stagnation.

Key Terminology

• Majority: More than half of the members present and voting on a particular question.
• Casting Vote: A deciding vote exercised by the presiding officer when there is an equal number of votes for and against a motion.
• Quorum: The minimum number of members required to validly conduct business in a legislative sitting.

Judicial Interpretation and Case Law

K. K. Verma v. Union of India (1954)In this case, the Supreme Court affirmed that legislative proceedings remain valid even if there are vacancies or temporary absences among members. The Court highlighted that legislative competence and the will of the majority are not undermined by such vacancies.
Indira Gandhi v. Raj Narain (1975)The Court discussed the neutrality and procedural role of the Speaker, emphasising that the casting vote is a constitutional device to prevent legislative impasses. The presiding officer’s vote, it noted, must always aim to facilitate the functioning of the House rather than to express personal or partisan bias.
K. S. Puttaswamy v. Union of India (2017)While primarily known for affirming the right to privacy, this case also discussed procedural legitimacy in legislative processes, reiterating that quorum and member participation are fundamental to democratic decision-making.

Related Constitutional Provisions

• Article 100: Lays down similar provisions for voting in the Houses of Parliament, including quorum and casting vote.
• Article 178: Deals with the offices of the Speaker and Deputy Speaker in the Legislative Assembly.
• Article 190: Concerns disqualification and vacation of seats, complementing Article 189’s provisions on vacancies.

Together, these articles ensure procedural coherence between Parliament and State Legislatures, maintaining uniformity in legislative practices across the country.

Significance and Constitutional Role

Ensuring Legislative ContinuityArticle 189 safeguards the legislative process against disruptions due to unforeseen circumstances such as vacancies or participation of ineligible members. This ensures that governance and law-making continue seamlessly.
Preserving Democratic Decision-MakingThe provision for majority voting reflects the democratic ethos of collective decision-making. Every law or resolution must represent the will of the majority of those participating in the process.
Institutional StabilityBy validating proceedings despite irregularities, Article 189 maintains institutional stability and prevents frequent judicial or procedural challenges to legislative acts.
Impartial Role of the Presiding OfficerThe provision for a casting vote underlines the neutrality of the Speaker or Chairman, ensuring that their intervention is limited to resolving stalemates rather than influencing debates.

Practical Implications

• Legislative work continues uninterrupted even when seats are vacant or unfilled due to election disputes or resignations.
• Laws and resolutions cannot be invalidated merely because of technical issues related to quorum or membership.
• The system prevents procedural exploitation, ensuring that the absence of a few members does not paralyse legislative business.
• The presiding officer’s casting vote ensures timely resolution of tied decisions, preserving legislative efficiency.

Limitations and Exceptions

While Article 189 provides extensive procedural safeguards, it cannot override explicit constitutional provisions that require a special majority or separate voting procedures, such as constitutional amendments under Article 368 or motions of removal against certain constitutional functionaries. Additionally, it does not apply when the Legislature has been dissolved or prorogued.

Broader Constitutional Perspective

Article 189 exemplifies the pragmatic balance between democratic participation and procedural functionality in the legislative process. It ensures that legislative bodies remain effective institutions of governance, capable of operating even in imperfect conditions.